ACT LAW SOCIETY ANNUAL REPORT 2017-18 ACT LAW SOCIETY ANNUAL REPORT 2017-18

ARii ACT LAW SOCIETY ANNUAL REPORT 2017-18

PRESIDENT’S REPORT ...... 4

TREASURER’S REPORT ...... 6 CORPORATE OVERVIEW Role of the Law Society ...... 8 Governance ...... 9 Committees ...... 10 Secretariat ...... 11 Sponsors ...... 11

COMMUNITY Legal Advice Bureau ...... 12 Pro Bono Clearing House ...... 13 Law Week ...... 13 Reconciliation ...... 15 LGBTI+ ...... 16 Charitable donations ...... 16 Awards to university students ...... 17

MEMBERS Our members ...... 18 Recognising member achievements ...... 20 Social events ...... 23

OPERATIONS Submissions ...... 26 Continuing Professional Development ...... 27 Professional Conduct ...... 30

COMMITTEES Access to Justice & Human Rights ...... 32 Civil Litigation ...... 32 Criminal Law ...... 33 Elder Law & Succession Law ...... 34 Family Law ...... 36 Government Law ...... 38 Inclusion & Diversity ...... 39 Industrial Relations ...... 40 International Lawyers ...... 40 Legal Profession Act & Ethics ...... 40 Military Law ...... 41 Property Law ...... 42 Young Lawyers ...... 43 Committees listed elsewhere in this report ...... 44

FINANCIAL STATEMENTS The Law Society of the ACT — General Account ...... FS/2 Statutory Deposits Trust Account ...... FS/18 The Statutory Interest Account ...... FS/26 The Solicitors’ Fidelity Fund of the ACT ...... FS/36 ARiii PRESIDENT’S REPORT

2017–18 has again been a busy year for the Society and legal practitioners in the ACT During my second (and final) term as President, I continued to focus on enhancing the standing of lawyers in the broader community, and on the connected goals of collegiality and wellbeing within the ACT legal profession . I continued to advocate on your behalf, to highlight what you can be proud of, and to build bridges to connect our diverse practitioners with each other and with the broader community .

With these goals in mind, the Society has run or participated in a range of activities throughout the financial year, including informal Fresh Air and Sunshine Walks, quarterly members’ lunches, other social functions, and the launch of the ACT Law Society’s Reflect Reconciliation Action Plan (RAP) .

Community events The Society has continued to engage with the broader community .

Our committees participated in community events (such as the Law Week Wills Day), and we were pleased to provide support to a local charity for the year, ADACAS (the ACT Disability, Aged and Carer Advocacy Service) . The Society also continues to build the funds in the Law Society Foundation .

This is on top of the untold hours spent by firms and individual practitioners, as well as other members of the legal community, who have attended events such as Fair Day and other open days, and who have run events like trivia nights and golf days to raise funds for deserving causes .

Pro bono work I acknowledge with pride and gratitude the considerable pro bono work of so many of our ACT legal practitioners . The Society relies on the generous support of its members to conduct its Legal Assistance Bureau and its Pro Bono Clearing House . Together, these initiatives have assisted over a thousand people this year alone .

In addition, the Society recognises that so many of our practitioners and firms perform pro bono work PR4 ACT LAW SOCIETY ANNUAL REPORT 2017-18 PRESIDENT’S PRESIDENT’S REPORT REPORT

independently or through local groups . Your support of Our Courts the ideal of access to justice is greatly appreciated . This year we also saw some changes in our Courts . We were honoured to host a farewell dinner for the Law reform Hon Hilary Penfold . This well-attended event enabled The Society has made a number of submissions and the profession to express their high regard for the first provided comments to government on proposed law woman appointed to the role of Resident Judge of the reform throughout the year . To do so, we rely on the ACT Supreme Court . expertise of our committee members, and we thank them for their time and continued efforts . We were also pleased to welcome the Hon Justice Chrissa Lukas-Karlsson to the ACT Supreme Court . This year, we have made submissions in relation to a range of issues including tendency and coincidence law, We were also very pleased to welcome local solicitor combat immunity, compulsory third party insurance and Law Society member Louise Taylor to the bench of and its impacts on injured people, and sexual offences . the ACT Magistrates Court . We also contributed to the ALRC’s report Pathways to Justice—Inquiry into the Incarceration Rate of Aboriginal Thank you and Torres Strait Islander Peoples (ALRC Report 133) . I would like to thank the Immediate Past President, This is just a very small snapshot of the submissions Martin Hockridge, for his tireless work for the Society that the Society has made for the betterment of the over his three-year term as President and his two-year profession and the community . term as Immediate Past President (as well as his many years as Councillor and Vice President) . The Family Law Committee is presently in the thick of the Commonwealth Government’s family law reform In addition, I acknowledge the invaluable assistance project . We thank them for their tenacity and recognise and the hard work of the members of the Executive that this is going to be an uncertain period for family law and the Council . It is not easy to make decisions about practitioners . We invite any member who feels under discipline, and I thank you for your dedication to the pressure or stress to contact the Law Society’s EAP good governance of the Law Society and in maintaining provider Acacia (phone 1300 364 273) or to contact a the good reputation of our profession . I also thank you Members Advisor for some pastoral assistance . for ensuring that as best we can, the Council tempers protection of the public with mercy for our members . Continuing Professional Development CPD continues to be a focus of the Society as we On behalf of the Law Society, I thank Louise ensure that we make a variety of quality seminars and Vardanega PSM, who has been a constant and steady presentations available to our members . We conducted hand on the Executive in the position of Secretary, 38 CPD events over the year, including the annual a role she has held for 25 years . Louise Vardanega two-day intensive . The Elder Law conference and is stepping out of the role after September 2018 Government Law afternoons were again very popular . and I could not let her immense contribution go Members’ feedback during my visits to firms was unacknowledged . that you would like more technical, black-letter CPD I would also like to record my sincere thanks to the sessions, and we are aiming to deliver . Law Society secretariat staff for their hard work and Again, we are grateful to the many practitioners who dedication throughout the year . I will certainly miss happily share their expertise and participate in our them, and I will miss interacting with you . CPD program as presenters . If you would like to be a Sarah Avery presenter or suggest a topic, please contact us . PRESIDENT PR5 TREASURER’S REPORT

I am pleased to present the Annual Report on the Society’s Accounts for 2017–18 .

Overview of accounts General Account This account covers the income and expenditure relating to the general operations of the Society .

Statutory Deposits Trust Account This account comprises deposits of solicitors’ trust moneys lodged with the Society to earn interest which is paid into the Statutory Interest Account .

Statutory Interest Account This account accumulates the interest earned on funds deposited in the Statutory Deposits Trust Account together with interest earned on the balances in solicitors’ trust accounts . The Society makes grants from this account to the Legal Aid Commission and other community legal aid centres . The costs of disciplinary proceedings and general legal costs related to legal practitioners are also funded from this account .

Solicitors’ Fidelity Fund The Fidelity Fund exists to meet any claims by clients for compensation in respect of loss arising from a solicitor’s failure to account for trust funds or other valuable property . The costs of random inspections, investigations and the appointment of managers are met from this Fund .

General Account The General Account recorded a surplus of $414,690 which increased the Society’s accumulated funds to $2,551,743 as at 30 June 2018 .

The favourable result was higher than budgeted predominantly due to the Society’s increasing membership numbers and higher than budgeted revenue from CPD seminars, practice management TR6 ACT LAW SOCIETY ANNUAL REPORT 2016-17 TREASURER’S TREASURER’S REPORT REPORT

course income and sales of residential contracts . There expenses . The decrease can be attributed to changes were a number of budgeted expenses not finalised in made in the disciplinary processes along with the 2017–18 which also contributed to the higher surplus . finalisation of some long running matters .

The Society is expecting to record a surplus for the For the 2017–18 financial year Council agreed that 2018–19 financial year . $1,477,000 will be disbursed . An amount will be allocated towards grants to the Legal Aid Commission Statutory Deposits Trust Account and other community legal aid organisations . It is also Total deposits at 30 June 2018 amounted to intended that part of the disbursement will be paid to $48,781,077 which is a substantial increase of 45 .5% the Fidelity Fund as it has failed to increase in line with on deposits held in the previous year . This follows the increased balances held in solicitor trust accounts, an increase from the year prior of 24 .5%, indicating meaning a greater exposure to risk . After the full that balances held in solicitor trust accounts continue disbursement, the Statutory Interest Account remains in to grow . a break-even position .

Interest earned on statutory deposit funds invested in Solicitors’ Fidelity Fund term deposits continues to be an important revenue The accumulated funds of the Fidelity Fund increased component for the Statutory Interest Account . The by approximately 4 .5% to a total of $5,441,079 as at Society continues to pursue attractive investment rates 30 June 2018 . This increase is predominantly due to the where possible . disbursement of $233,400 paid out of the Statutory Interest Account from the 2016–17 financial year . Statutory Interest Account The Statutory Interest Account derives its income from The Fidelity Fund continued to outlay significant costs interest on solicitors’ statutory deposits, interest on for management appointments . Some of these costs the balance in solicitors’ trust accounts, and from the were recovered in 2017–18 and the Society expects that investment of the funds held in the Statutory Interest a further recovery of costs will be received in 2018–19 . Account itself . Following an actuarial assessment of the Fidelity The revenue received of $2,797,662 was an increase Fund in 2017 it was determined that the Fidelity Fund of approximately 3 .6% on the previous year . Although balance should increase . With higher balances held in interest rates remain low, balances held in solicitor solicitor trust accounts, along with the increase in law trust accounts from which the Society earns interest firm numbers and employee numbers, there is a need continue to remain at higher levels than previous years to cover the greater exposure to risk and the current which resulted in an increase of interest received . Also, balance is lower than the prudential optimal size . The the greater amount of deposits held in the Statutory increase will continue to be addressed by Council on an Deposits Account have contributed to an increase in annual basis . revenue on those investments . Vik Sundar This year there was a substantial decrease in the TREASURER amount incurred by the Society for disciplinary TR7 CORPORATE OVERVIEW

Role of the Law Society The objects of the Society are: // To consider all questions affecting the interest of the legal profession in the Territory and in that interest to // To advance the study of jurisprudence . initiate and watch over and if necessary to petition the Legislative Assembly or promote deputations // To promote the administration of justice and in relation to general measures affecting the legal development and improvement of law throughout the profession and to procure changes of law or practice Territory . and the promotion of improvements in the principles // To support and protect the character, status and and administration of the law . interest of the legal profession and Legal Practitioners // To represent the views and wishes of the legal generally in the Territory . profession in the Territory . // To promote honourable practice, to suppress // To promote information on legal subjects by lectures, malpractice, professional misconduct or discussions, books, correspondence with public unprofessional conduct or practice on the part of bodies and individuals . Legal Practitioners . // To seek, receive and disseminate information . // To settle disputed points of practice and to decide all questions of professional usage or courtesy between // To do all such things as are incidental or conducive to or among Legal Practitioners . the attainment of all or any of the objects set out in this list . // To uphold the honour of the profession of the law and encourage cordial intercourse among members // To carry out those functions allotted to the Society of the legal profession and to arrange social and under the Act . sporting functions and gatherings among the legal profession, and also social and sporting functions in // Through the by-laws, to make rulings to regulate which the legal profession and other professions may the professional practice and conduct of Members participate . and of other legal practitioners who hold practising certificates issued pursuant to the provisions of the // To consider proposed changes in the law and to aid Act provided that no such ruling shall be made with such amendments and reforms as are likely to benefit respect to the practice and conduct of Barristers the public . except with the consent of the Australian Capital Territory Bar Association . CO8 ACT LAW SOCIETY ANNUAL REPORT 2017-18 CORPORATE CORPORATE OVERVIEW Governance Vice President — Craig Painter Craig has worked as a litigator in the civil and The Council is the governing body of the ACT Law commercial law areas and now in commercial advice Society . It comprises 15 elected members and the and estate planning . He has practiced at a range of local Immediate Past President . In addition, there are five firms but is now the Principal at McSpeddenHarvey OVERVIEW Council-appointed observers . Councillors are elected by Lawyers . Craig also tutors at the ANU . He has been a the membership of the Society, and Council convenes member of the Council for the past four years and Vice- once a month . The Constitution of the Society vests the President for two, was a member of the ACT branch Council with the responsibility for the management of committee of the Australian Lawyers Alliance, and has the Society’s affairs, including income and property . assisted in the Legal Advice Bureau and participated in Mock Trials . The Executive consists of five elected members, the Immediate Past President and a member appointed Vice President — Peter Cain by the Council . The Council has delegated to the Peter was admitted in 2002, and is currently the Executive Committee the responsibility of overseeing Manager of Objections and Appeals, ACT Revenue the administration of the Society’s activities and the Management at the ACT Chief Minister, Treasury & implementation of Council policies . The committee also Economic Development Directorate . He was elected as considers applications for practising certificates and Vice President in 2016 . He has been a member of the membership . Government Law Committee since July 2009, and from the beginning of 2014 has held the position of Chair . Executive He is a mentor in the Young Lawyers’ Mentor Program, and a member of the Papers Committee for the 2019 President — Sarah Avery National Access to Justice and Pro Bono Conference . Sarah’s election was first declared at the Society’s AGM on Thursday 22 September 2016 . She is a lawyer with Secretary — Louise Vardanega PSM ten years’ experience practising in the ACT . Sarah has Louise Vardanega has been working for the Australian assisted clients with personal injury claims, other civil Government Solicitor since 1975 and has been Chief issues, and criminal matters . She has also represented Operating Officer there since July 2009 . Louise has specialised professional indemnity insurers, and has a very active role in the local profession as a member a keen interest in assisting professionals (including of the Law Society . She has served continuously as lawyers) facing occupational discipline proceedings Secretary since 1993, been a member of the Council and negligence claims . Admitted in 2007, Sarah has since 1991, and has been a member of a number of been engaged with people across the whole of the the Society’s committees . In 2014, she was appointed legal community and the ACT community . She was a Member of the ACT Legal Practitioners Admissions appointed senior Vice-President of the Law Society in Board . Recognised for her outstanding public service 2015 . Sarah served as a member of the Law Society through leadership and management, Louise was Council during 2009–12, and has also been a member awarded a Public Service Medal in the Australia Day of the Criminal Law Committee, the Pro-Bono Clearing 2000 Honours List . House Panel, the Legal Aid Review Panel, the Functions and Law Week Committee, and the Legal Profession Treasurer — Vik Sundar Act & Ethics Committee . She has also been a mentor Vik Sundar is the Managing Director of Law at Evans in the Young Lawyers Mentor Program and the Out for Dixon, an ASX listed company, practising in taxation, Australia Mentor Program . private business restructuring, stamp duty, and estate CO9 ACT LAW SOCIETY ANNUAL REPORT 2017-18 CORPORATE OVERVIEW

planning . He was admitted in 2010 after graduating // Louise Vardanega PSM (Secretary) from the ANU in 2008 with a Juris Doctor and has // Vik Sundar (Treasurer) previously worked as the managing director of // Martin Hockridge (Immediate Past President) Chamberlains Law Firm . He has served as a Councillor and as the Treasurer of the ACT Law Society since 2014 . // Valerie Bradley (to 11 December 2017) // Agnus Bucknell (to 22 September 2017) Immediate Past President — Martin Hockridge // Matthew Carmody (from 22 September 2017) Martin Hockridge was President of the Law Society for // Martin Carrick (from 22 September 2017) three years . He was admitted to practice in 1982 . Prior to becoming President, he was employed in various // Elizabeth Carroll (from 22 September 2017) capacities at the Legal Aid Commission of the ACT . He // Catherine Coles (to 22 September 2017) worked primarily as a lawyer in the criminal defence // Chase Deans (from 19 December 2017) area, but also undertook family law and civil litigation . // Amy Eager (to 22 September 2017) He was for many years the solicitor in charge of the // Paul Edmonds (from 22 September 2017) Criminal Law Practice . In 2007 he was appointed to the position of Deputy Chief Executive Officer where // Roger Hambly (to 22 September 2017) he remained until July 2013 . His particular interests are // Sama Khan (from 22 September 2017) access to justice, criminal law, and human rights . Martin // Gavin Lee is a member of the ACT Legal Practitioners Admission // Sage Leslie (from 22 September 2017) Board and the ACT Law Reform Advisory Council . // George Marques He is Chair of the Society’s Pro Bono Clearinghouse Management Committee . He is on the ANU Legal // Bronwyn McNeil (to 22 September 2017) Workshop Management Committee . He has been on // Susan Platis (from 22 September 2017) the Council of the Law Society for 13 years, including // Phil Schubert (to 22 September 2017) serving as Vice President for four years and Immediate Past President for two years, and has served on the Council-appointed observers Criminal Law Committee (for several years as Chair), // Justice & Community Safety Directorate the Access to Justice Committee, the Complaints // Women Lawyers Association of the ACT Committee, the Mental Health Committee and various other ad hoc committees . While President he was a // ACT Young Lawyers Committee Director of the Law Council of Australia . He has also // School of Law, Australian National University been a member of the Law Council of Australia’s // School of Law, University of Canberra Criminal Law Liaison Committee, the ACT Criminal Law // Association of Corporate Counsel Consultative Committee, and was invited to participate in the SCAG Criminal Trial Reform process . Committees Council-Appointed Member — George Marques Through its committees, the Society is able to look George has served on the Council for the last four years in detail at proposed legislation and its impact, not and has been elected to the Executive for the preceding only on legal practice in the ACT, but the community’s two years . He is a partner of HWL Ebsworth Lawyers access to justice and the fairness and efficiency of the and is the joint office leader in Canberra . He has over administration of justice . The Society’s committees are 30 years’ experience providing commercial legal advice governed by the Committee Charter . to public and private companies, Commonwealth and State governments and not-for-profit organisations . The Law Society operates the following committees: Since 2011, George has been recognised in the ‘Best Lawyers®’ as one of Australia’s leading lawyers in Access to Justice & Human Rights a range of fields including corporate governance, Chaired by Walter Hawkins commercial law and real property . In 2013 and 2018 he was listed in ‘BestLawyers®’ as Canberra’s ‘Commercial Civil Litigation Lawyer of the Year’ . Chaired by Richard Faulks

Criminal Law Councillors Chaired by Michael Kukulies-Smith // Sarah Avery (President) Elder Law & Succession Law / Peter Cain (Vice President from 22 September 2017, / Chaired by Rebecca Tetlow (on maternity leave) and General Councillor to 22 September 2017) Emma Bragg (Acting Chair) // Chris Donohue (Vice President to 22 September 2017) // Craig Painter (Vice President) Family Law Chaired by Di Simpson CO10 ACT LAW SOCIETY ANNUAL REPORT 2017-18 CORPORATE OVERVIEW

Functions & Law Week Committee Administrator Chaired by David Metcalf Tanya Holt

Government Law Complaints Committee Secretary Chaired by Peter Cain Linda Mackay

Inclusion & Diversity Bookkeeper Chaired by Ranjini Nayager Kathleen Lui

Industrial Relations Receptionist & LAB Administrator Chaired by John Wilson Robyn Guilfoyle

International Lawyers Administrative Support Chaired by Ilona Krolikowska (up to June 2018) and Nicole Crossley Lynette Molloy (from June 2018) Elaine Gray

Legal Professional Act & Ethics CPD Support Chaired by Michael Phelps Bwalya Chifuntwe Tien Pham Military Law Claudia Silano-Malouf Chaired by James King

Practice Management Chaired by Bill Baker Sponsors CPD Program Professional Conduct legalsuper Chaired by Ross Reid Ethos quarterly magazine Property Law Nexia Australia Chaired by Adam Peppinck Hearsay fortnightly e-newsletter Young Lawyers The College of Law Chaired by Lisa Sherman Event Partner ANU College of Law Secretariat Members Lunches The role of the secretariat is to assist the Executive Nexia Australia Committee in the daily running of the Society, and to Arthur J Gallagher implement the resolutions of Council . The secretariat consists of the following staff: Annual Dinner Vincents Chief Executive Officer Arthur J Gallagher Dianne O’Hara Principal Law Week sponsor Professional Standards Manager LawCover Rob Reis Individual event sponsors Finance & Business Services Manager Australian Government Solicitor Lea McLean Chamberlains Law Firm Clayton Utz Executive Secretary DFAT Debbie Sims Hays Legal Professional Development Officer HWL Ebsworth Margaret Ryan (to December 2017) Moray & Agnew Proximity Research Officer TIMG Natasha Del Piero Yeend & Associates

Communications Officer Nicole Karman CO11 COMMUNITY Legal Advice Bureau Legal matters covered by LAB In the 2017-18 financial year, LAB saw 847 clients . The Law Society’s Legal Advice Bureau, or LAB, has been in operation since 1972 . The LAB offers 15 minutes The areas of law that clients most often ask for of free legal advice to members of the public . It is assistance with are property and tenancy issues, closely staffed by volunteers — more than 100 Law Society followed by contract problems . Family law, employment members who give up their lunch break once a month . issues, financial issues, and estate matters (wills and People come to LAB because they aren’t sure about powers of attorney) are also high on the list . how to move forward with a legal issue, or even if they have a legal issue . The graphic below shows a breakdown of the legal areas that clients most commonly asked for advice on . LAB volunteers see more than a thousand clients every year, and give advice on issues such as family law, criminal law, debt, personal injury, tenancy issues, motor vehicle accidents, employment law, workers compensation, migration law, and contract law . The volunteer work at the LAB represents around 250 hours a year .

CC12 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMUNITY COMMUNITY CONTRIBUTIONS Pro Bono Clearing House 2017–18 snapshot During the course of the year the PBCH has been The Law Society also provides legal assistance through averaging four applications per week with the last the Pro Bono Clearing House (PBCH) to disadvantaged couple of months four or five applications per week . people who are otherwise unable to secure a lawyer . The Clearing House is a ‘last resort’ for legal help after This year the Operational Secondee and the PBCH was all other avenues for assistance have been exhausted . assisted by Hansika Chopra, a student undertaking the clinical legal course — Public Interest Law at the College The Clearing House accepts applications in two types of Law, ANU . The ANU course is designed to provide of matters: ‘public interest’ law matters that affect a students who have a commitment to working in social significant number of people or that raise a matter of justice, opportunities to discover the range of settings broad public concern; and ‘private interest’ law matters in which public interest work is carried out . Hansika was that have a reasonable prospect of success . with the PBCH for six weeks . Following that successful placement, the PBCH will be taking on another student . A panel of volunteers examines applications for pro bono legal assistance, and refers those applications that I would like to thank the following firms for accepting meet the eligibility criteria on to a network of about 20 referrals from the PBCH: Minter Ellison, John O’Keefe, law firms who have agreed to accept referrals on a low King & Wood Mallesons, Chamberlains, Harris Wake, cost or pro bono basis . Johannessen Legal, Maddocks, Elringtons, JR Baker (Law) Capital Lawyers, KJB Law, HWL Ebsworth, PBCH Management Committee report Lexicon Lawyers, Sean Kikkert, Frank Wilson, Darryl Perkins, Bradley Allen Love, Meyer Vandenberg, Matt The PBCH Assessment Panel, a changing panel of O’Brien, David Lander, Blumers Personal Injury Lawyers, ACT legal practitioners, meets weekly to consider Clayton Utz, Sharman Robinson Lawyers, Just Law, applications received from organisations and Chamberlains and Minter Ellison . individuals . I would also like to thank all the Operational Secondees For the period 1 July 2017 to 30 June 2018, 95 for the 2017–18 year: Eric Goonetilleke (McInnes Wilson) . applications were received, 27 more than during the Dorea Ho and Alice Bolt (Sparke Helmore), Caitlin previous financial year . 89 were from individuals and Morgan (Proximity) and Tristan Dimmock (Minter six from organisations . Of the 95 applications, 49 were Ellison) . Madeline Ness and Nicholas Scotton (Meyer successfully referred out to firms; 43 were unsuccessful Vandenberg) have started off the 2018–19 financial and three require more information before further year . Also, a big thank you to all the Assessment Panel consideration . Members for volunteering their time to the PBCH . Without the support of the firms and individuals the The secondee system The PBCH is assisted by a rotating ‘operational Pro Bono Clearing House would not be able to operate . secondee’, a lawyer from a Canberra law firm or I also take the opportunity to thank Debbie Sims at the government agency who spends approximately three Law Society for organising the smooth running of the months working with the PBCH . Their primary role PBCH program . is to meet with potential applicants, assist them with Martin Hockridge preparing their PBCH application, provide a summary report to the panel and attend panel meetings . Over CHAIR the 2017–18 period, Operational Secondees have been Committee members provided by McInnes Wilson, Sparke Helmore, Proximity, // Martin Hockridge (Chair) Minter Ellison, and Meyer Vandenberg . // Emma Boland The PBCH also benefits from a ‘Policy Secondee’ whose // Katy Grimes role is to focus on developing the strategic and policy // Rebekha Pattison side of the PBCH . King & Wood Mallesons has provided // Susan Platis the Policy secondee on a long term secondment (6-12 months) . // Debbie Sims (Executive Secretary) Law Week Law Week is an annual event held in May across Australia . Law Week’s goal is to promote public CC 13 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMUNITY CONTRIBUTIONS

understanding of the law and its role in society . Each Launch and Golden Gavel year in Canberra we run a range of events, including ACT Attorney-General Gordon Ramsay MLA formally public lectures, sporting and collegiate events, free launched Law Week 2018 . We very much appreciate will consultations, information sessions about wills and his continued enthusiastic and good-humoured powers of attorney, and tours of the ACT Supreme Court . participation in the judging .

Law Week also raises donations every year for a local Justice Chrissa Loukas-Karlsson joined our President, Canberra Charity . In past years, we’ve supported such Sarah Avery, and Gordon Ramsay MLA on the judging charities as the Australian Indigenous Leadership panel, and 2017 winner Adam Moynihan, who emceed Centre, the Food Rescue Service, Pegasus Riding for the evening . the Disabled, OzHarvest Canberra, The Galilee School, and Arthritis ACT . Congratulations to all of our excellent Golden Gavel competitors: Annie Caligari (Department of Home Affairs), Sebastian Marquez (Canberra Legal Group), Law Week 2018 Richard Murray (Adero), and Anna Reynhout (Moray The theme of Law Week 2018, shared nationally with & Agnew), and of course to the winner of the Golden our interstate counterparts, was “Law and Justice in Gavel, Liv Ronan (Australian Government Solicitor), and Your Community” . winner of the People’s Choice Award, Callum MacLeod (Department of the Environment and Energy) . Law Week 2018 ran 14-19 May 2018, with a variety of events designed to engage the legal community and Lectures and forums the broader community, celebrating and educating Our showcase lecture for Law Week is always the the public about the role of lawyers in seeking justice Blackburn, and this years’ did not disappoint . The and upholding the rule of law . Collegiality was another 33rd Annual Sir Richard Blackburn Lecture was held in focus of the week, with social, educational and sporting partnership with the ANU College of Law at the Finkel events taking pride of place . Lecture Theatre . The Hon John Pascoe AC CVO, Chief Justice of the Family Court of Australia, presented Law Week is made possible with the support of our “Sleepwalking through the minefield: commercial sponsors . LawCover are the principal Law Week surrogacy and the global response”, an at-times sponsor—they have been a longstanding supporter harrowing examination of ‘wombs for hire’ . of Law Week, and we thank them for their ongoing sponsorship . The Women Lawyers Association of the ACT hosted the Annual Law Week Dinner, which was generously The Law Week profit in 2018 was $5,739 .60 . This sponsored by Maurice Blackburn Women’s Network . amount is split equally between the President’s Charity Keynote speaker Virginia Haussegger AM, addressed and the ACT Law Society Foundation .

Justice Chrissa Loukas-Karlsson, ACT Law Society President Sarah Avery, ADACAS CEO Fiona Winner of the 2018 ACT Golden Gavel, Liv Ronan May, and ACT Attorney-General Gordon Ramsay MLA at the Law Week Launch . (Australian Government Solicitor) . CC14 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMUNITY CONTRIBUTIONS

guests on the “F-words: Fear, Failure, Feminism and with one of our volunteer solicitors for advice on how to making a Fuss” . Virginia was inspiring and spoke set up a Will . eloquently on modern day issues for feminism . The ACT Supreme Court ran tours of their new building In the forum “Disability Justice—Equal before the Law?”, for members of the profession . Professor Eileen Baldry of UNSW, ACT Victims of Crime Commissioner Heidi Yates, and autistic advocate Mock Trial Jeanette Purkis discussed the impact of disability on The ACT Director of Public Prosecutions ran their people’s access to the law . annual DPP Plate Mock Trial Competition, pitting ANU law students Ben McCarthy, Prisca Ochan, and Ken Archer, President of the ACT Bar Association, Monique Munro against University of Canberra law spoke at the Bar Breakfast, asking “Is there a role for students Bwalya Chifuntwe, Tayla Ayers and Perri mediation in the criminal law?” Hollis . According to Justice Mossop, who judged the competition, UC won “by a nose” . The Women’s Legal Centre presented a seminar on “Managing family violence issues in a workplace Law Week Soccer context” . The Law Week Soccer was postponed due to bad weather and did not, in fact, run during Law Week, but And in “Sentencing in the ACT”, the ANU and University thankfully the weather was glorious on 25 May . 16 teams of Canberra came together with the ACT Supreme joined in the fun, from Aulich Criminal Law, Blumers Court and Legal Aid ACT to give members of the public Lawyers, Bradley Allen Love, Commonwealth Director an introduction to sentencing law, including the factors of Public Prosecutions, Elringtons, EY, Harrington courts take into account when imposing a sentence . Kibbey Law , Howes Kaye Halpin, Meyer Vandenberg Lawyers, Mills Oakley, Moray & Agnew, Proximity Quiz Night Legal, Slater & Gordon, Snedden Hall & Gallop, Sparke The quiz night was again a great success, and is the Helmore, and Trinity Law . major fundraiser of Law Week . Our ACT Young Lawyers Committee work very hard to run a fun night . Thank First place went to the Commonwealth Director of you to Hays Legal for being the event sponsor . Public Prosecutions “Absolute Liabilities”, and second to Aulich Criminal Law “The Aulich Empire” . Other events The Law Society hosted our annual Wills Day, where members of the public could make a free appointment Reconciliation The Society is committed to the national reconciliation movement . We have long been committed to promoting ‘good’ law, pushing to ensure that any new

Virginia Haussegger AM, Ngunnawal Elder Aunty Jannette Phillips and The Hon Chief Justice John Pascoe AC CVO with ACT Law Society President ACT Law Society President Sarah Avery at the Law Week Dinner . Sarah Avery at the 2018 Blackburn Lecture . CC 15 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMUNITY CONTRIBUTIONS

law reform proposal takes into account the effect on a period of three years, including consultations with vulnerable groups such as the Aboriginal and Torres Aboriginal colleagues and friends . Strait Islander members of our community . The Society has established a RAP Working Group In 2018, we invited Aboriginal entrepreneur and ACT to actively monitor and grow our commitment to Australian of the Year Dion Devow to deliver the reconciliation . Address at the Opening of the Legal Year . The Society is committed to promoting equality for LGBTI+ all Australians and supporting reconciliation . We believe that lawyers can play a meaningful role in the As part of our ongoing support of the LGBTI reconciliation process as they are well placed to be community, the Law Society and co-host King & Wood catalysts for change . Mallesons held Canberra’s first LGBTI networking event for the legal industry to raise the profile and visibility of the LGBTI experience within Canberra and in the legal ‘Reflect’ Reconciliation Action Plan industry more generally . The event included a special The ACT Law Society’s Inclusion and Diversity musical performance by the Canberra Gay and Lesbian Committee produced the Society’s first ‘Reflect’ Qwire . Reconciliation Action Plan (RAP), which was launched on Monday 4 June 2018 . Charitable donations The launch provided guests with an opportunity to show support for the Law Society in its reconciliation President’s charity journey, learn more about how best to contribute to reconciliation, and network with like-minded colleagues . Each year, the President of the Law Society nominates a local Canberra charity to receive funds from any Special thanks to HWL Ebsworth Lawyers for charitable events run by the Society (the primary event supporting the launch, including use of their facilities being Law Week) . and provision of catering by Koori Kulcha . The Society’s annual charity for 2018 is the ACT Disability, The Law Society’s RAP is now published on the Aged and Carer Advocacy Service (ADACAS) . ADACAS Reconciliation Australia web site . is an independent, not-for-profit, advocacy organisation helping people with disabilities, older people and their About our RAP carers . Their mission is ‘to assert, promote and protect We invite all members to actively engage with our RAP the rights and responsibilities of people with disabilities, and support the national reconciliation movement . Our people who are older and their carers’ . ADACAS has been RAP was developed after careful deliberations over

Dion Devow delivers the Address at the Deputy CEO of Reconciliation Australia Andrea Kelly, Chair of the RAP Working Group Sara Wedgwood, Law Society President Welcome the 2018 New Legal Year . Sarah Avery, and Minister for Aboriginal and Torres Strait Islander Affairs Rachel Stephen-Smith MLA at the RAP Launch . CC16 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMUNITY CONTRIBUTIONS

providing free independent advocacy and information in Awards to university students the ACT for more than 25 years . The ACT Law Society funds prizes for academic In 2018, the President’s Charity, ADACAS, received excellence at the University of Canberra and the $7,870, representing the Foundation disbursement plus Australian National University . 50 per cent of the Law Week profit . Australian National University Law Society Foundation // BC Meagher Prize for Commonwealth Constitutional The ACT Law Society Foundation was established in Law — Helen Whalan 2012 as a Centenary of Canberra project as a visible and enduring expression of the ACT legal profession’s // Law Society of the ACT Prize for Contracts connection with, and concern and support for, Canberra (shared) — Charltte Michalwski and Priyanka Tomar and its charities and worthy causes . // Liz and Bill Allen Prize for Practical Legal Training — The Foundation was seeded with three years’ worth Samantha Senior of Law Week profit (2013, 2014 and 2015), matched by Law Society funds . The total amount in the University of Canberra Foundation as at 30 June 2018 is now $89,254, and the / ACT Law Society Prize for the Highest Achieving disbursement for 2018 was $5,000 . / Student in Contract Law — Ellen Farrell In order to continue growing the corpus of the / ACT Law Society Prize for the Highest Achieving Foundation, Law Week profit is split equally between / Student in Equity Law (shared) — Emma Hunt and the President’s Charity and the Foundation . This means Grace Issa the charity still receives a significant sum, and the Foundation will continue to grow, allowing greater // ACT Law Society Canberra Law Review Prize — disbursements in future . Clarissa Shortland

// Sarah Avery Prize for Advanced Legal Research and Writing — Tait Keller

Law Society President Sarah Avery with the winner of the Canberra Law Law Society President Sarah Avery with the winners of the Equity Law Prize, Review Prize, Clarissa Shortland . Emma Hunt and Grace Issa . CC 17 MEMBERS Our members As at 30 June 2018, the Society had 2,624 members . This represents an increase of 6 .3 per cent from the The Law Society represents over 2,400 lawyers in previous financial year . the ACT region . Our members are sole practitioners, lawyers in private firms and government departments, 94 percent of our members hold a practising certificate . in-house counsels, community legal centre solicitors, 58 per cent are female . 42 .4 percent are in private legal academics, and lawyer volunteers . We also have a practice, and 43 per cent work for local or federal number of associate members — students, expatriates, government . The remaining members are in-house or and retirees for example, who want to maintain contact corporate lawyers (3 .6 per cent), members overseas with the Canberra legal community . (2 .6 per cent), volunteers or community legal centre lawyers (2 .2 per cent), and members without practicing certificates (six per cent) .

OM18 OM19 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OUR MEMBERS

Recognising member achievements While working for the Department, she completed her Masters degree part-time (through two pregnancies President’s Medal and the ongoing needs of two small children) . Her studies in Human Rights and Social Justice, her The President’s Medal is an annual award that reflection on her own family history as refugees and recognises significant personal and professional her observation of negative attitudes towards today’s contributions to the betterment of law and justice in the refugees and people seeking asylum led her to helping community by an ACT solicitor and member of the ACT clients navigate immigration law . Law Society . Liz took leave from the Department to work as an The Award is presented at the Society’s Annual Dinner unpaid legal intern with the United Nations High in late August each year . The winner in 2017 was Liz Commissioner for Refugees (UNHCR), describing it as Huang Hughes-Brown . a rewarding experience to contribute to the work of an organisation that had helped her family in their time of Liz Huang Hughes-Brown is a former refugee, born in need . Pulau Bidong refugee camp in Malaysia after her family fled Vietnam after the fall of Saigon in 1979 . Her family That was her ‘moment of clarity’, and upon finishing the were granted refugee status when she was six months internship with UNHCR in 2015, she started Welcome old, and she grew up in regional New South Wales . Legal as a sole practitioner . She now has three staff members . They are a multicultural and multilingual Liz holds a Bachelor of Asian Studies and a Bachelor team who have empathy for their clients and deliver a of Laws (Hons) from ANU, and a Master of Laws with a personalised service to individuals and businesses . Liz major in Human Rights and Social Justice from UNSW . has provided an important avenue of referral for legal Liz is the founder and Principal Lawyer of Welcome colleagues whose clients require advice on immigration Legal, a boutique law firm in Canberra specialising in and citizenship . immigration and citizenship law, anti-discrimination law Liz has contributed substantial pro bono time to and dealing with government . assisting people in need of advice in the community . Prior to establishing Welcome Legal, Liz practised She has supported the work of Legal Aid ACT and in commercial and corporate law . She has worked in Companion House . Liz has a particular interest in private legal practice in Canberra and Sydney . She assisting same sex couples apply for partner visas and served as Senior Legal Counsel at the then Department in helping LGBTIQ refugees . of Industry and Science, where she advised on some In 2016, Liz was the inaugural winner of the ACT of the largest procurements and funding programs Women Lawyers Association Woman Lawyer of the administered by the Department, including the Year in the category of Culturally and Linguistically Australian Government’s $484 million Entrepreneurs’ Diverse (CALD) Background . She is also a committee Programme .

Liz Huang Hughes-Brown, winner of the 2017 President’s Medal, The refugee visa that allowed Liz’s family to enter Australia from Vietnam with President of the ACT Law Society Sarah Avery . after the fall of Saigon in 1979 . OM20 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OUR MEMBERS

member of the Law Society’s Inclusion and Diversity Centre’s employment and discrimination legal advice Committee . She is passionate about promoting diversity and representation services . She has been an advocate in all forms in the legal profession . In particular, she has for the whole ACT community legal sector, attending worked to improve the visibility of CALD women in the rallies, writing for the Canberra Times, and meeting with profession and encourages other CALD women to take politicians to promote the important work that CLCs do . up opportunities in the law . She has delivered seminars to both legal practitioners She has recently founded the Mother’s Uplift Movement and to the wider community about employment (MUM) . The movement supports and encourages law, including the management of disability in the mothers to take time out for themselves to maintain workplace . She has also delivered training on sexual their mental health and sense of identity . Liz and her harassment for young women, and spoken on radio associate from MUM have recently delivered a sell-out about employment rights . seminar for working mothers in the legal profession to provide them with support to deal with the daily She is currently drafting a best practice tool kit for challenge of juggling work with family responsibilities . dealing with how domestic and family violence impacts For her work for and on behalf of the migrant on the workplace, and initiated training sessions with community, for her tireless dedication to the needs of the Community and Public Sector Union around this refugees, for her support of women in the profession issue . Union delegates who attended the training are and the LGBTIQ community, Liz is an outstanding now implementing it in large government departments . addition to the President’s Medal . Belinda has worked to mentor and encourage female law students in the ACT . She has been a mentor ACT Young Lawyer of the Year through the ANU Women in Law Organisation since The Young Lawyer Award was established to promote its inception in mid-2016, and has supervised interns professional and community involvement of the considering legal careers at the Women’s Legal Centre . Territory’s young lawyers and to recognise the efforts She is the Secretary of the Women Lawyers’ of the young lawyers in the legal profession and in Association of the ACT, and is a member of the ACT activities beyond core employment duties . Law Society’s Industrial Relations Committee and the The Award is presented at the Society’s Annual Dinner ACT Community Legal Assistance Forum’s Community in late August each year . The winner in 2017 was Belinda Legal Education Committee . Miller, who was presented with the Award by the chair Outside of her legal role, Belinda is a volunteer English of the judging panel, the Hon Justice David Mossop of tutor for newly arrived refugees through the Navitas the ACT Supreme Court . Adult Migrant English Program . Belinda is an Employment and Discrimination Lawyer at the Women’s Legal Centre ACT, providing all the

ACT Young Lawyer of the Year Belinda Miller with chair of the judging panel, the Hon Justice David Mossop . and Law Society President, Sarah Avery . Belinda Miller with Law Society Council member Bronwyn McNeil . OM21 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OUR MEMBERS

Government Law Award He delivers internal training to AGS lawyers on commercial litigation topics, including a very well- The Government Law Award was established in received seminar on Contract Termination . He is well- 2015 by the Society to provide recognition of the regarded in the department as a supervisor and mentor, outstanding achievements of practitioners working in and is always willing to share his expertise, and to guide or for government, and to encourage government law junior lawyers, helping them find solutions and develop practitioners to remain active participants in the legal their knowledge, skills, and confidence . profession in activities beyond core employment duties . Chris was a founding member of the Law Society’s The Award is presented at the Society’s Annual Dinner Government Law Committee, serving as its inaugural in late August each year . The winner in 2017 was Chris chair from 2009 to 2013 . Behrens . Chris has had a long association with the Canberra Chris Behrens is a Senior Executive Lawyer working Southern Cross Club, a not for profit organisation for the Australian Government Solicitor (AGS) as a with over 83,000 members that has contributed over commercial litigation specialist . He has almost 30 years $14 million to the Canberra community over the last post admission experience . decade . He is the Vice President of the Club as well as Chris leads the AGS Dispute Resolution Civil Claims the chair of its Risk and Audit Committee, and has been team, comprising approximately 50 lawyers dispersed a director of the Club for the last ten years . nationally in AGS offices in Adelaide, Brisbane, According to his colleagues, Chris is also a talented Melbourne, Perth, Sydney and Canberra . In the last two musician and valued member of choral groups, not least years, he has overseen growth of about 40 per cent of which is the AGS Dispute Resolution Christmas choir . in the volume of the team’s work, with commensurate growth in the complexity and diversity of matters . The ACT Golden Gavel Chris’s skills as a leader, manager, supervisor, mentor Each year, young lawyers test their public speaking and capacity builder mean he has been able to attract, skills and comedic genius at Golden Gavel competitions develop, and retain excellent staff . across the country . The winners of each local He has been responsible for several significant legal competition then face off at the National Golden Gavel . projects, including in the last two years, representing The competition is an opportunity for young lawyers to the Commonwealth in the landmark Federal Court class showcase their advocacy and comedy skills, with each action brought by residents of Williamtown about PFAS given five minutes to argue their case on a usually far- firefighting foams contamination, tenancy agreements fetched topic — revealed only 24 hours beforehand . over land at the site of the proposed Second Sydney The winner in 2018 was Liv Ronan from the Australian Airport, and claims arising from the early closure of the Government Solicitor with Swipe right, I am a lawyer . Home Insulation Program . Liv will go on to represent the ACT in the National Golden Gavel Awards .

Government Law Award winner Chris Behrens with Chair of the Winner of the 2018 ACT Golden Gavel People’s Choice Award, Callum Government Law Committee Peter Cain and Sarah Avery . MacLeod, with ACT Attorney-General Gordon Ramsay MLA . OM22 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OUR MEMBERS

The winner of the People’s Choice Award was Callum The committee continues to work to organise functions MacLeod from the Department of Environment and that meet the needs of all members of the Society . Energy with Finding Dory: The story of forgetful In 2017, members’ quarterly lunches have alternated witnesses . between venues on the north and south sides of the lake, to make it easier for our southside members to 40 years’ service attend, and a discount for young lawyer members has been introduced . A program is being developed for The Law Society recognises the contribution of Mental Health Week, with an emphasis on the mental Canberra members who have practised for forty-plus health of lawyers . years . In 2014, the Society produced a commemorative lapel pin to congratulate members who had completed In November, the committee will hold a planning session forty years’ service to the legal profession . Pins are to review the functions and Law Week program, to given out at the Society’s Annual Dinner in late August ensure that the events remain relevant to the members . each year . Recipients in 2017 were: I particularly want to thank Nicole Karman (ACT Law // Mr Stephen Mason Society Communications Officer) for her participation // Mr Mark Ernest Cunliffe PSM in the committee, and for doing so much of the legwork in ensuring the success of the many functions held . // Mr James Robert Millea // Mr David Robert Charles Briggs —David Metcalf, Chair // Ms Eunice Catherine Mary Ryan Committee members // Mr Brian Patrick Kildea // David Metcalf (Chair) // Mr Richard John Lewis // Paul Armarego // Mr Ian Donald Stevens . // Sarah Avery / Adam Bak Social events / // Rod Barnett Functions & Law Week Committee report // Jennifer Newman (from April 2018) // Anna Reynhout I would like to thank the committee members for their work, organising the several ceremonial and social // Emily Bowler* (Young Lawyers Committee) functions held during the year, including the many // Tori Cumner* (Women Lawyers Association) events run during Law Week . The committee represents // Madeleine Harrington* (Women Lawyers Association) a broad cross-section of the Society’s membership // Kahlia Jenkins* (Young Lawyers Committee) (including representatives of the Young Lawyers // Nicole Karman (Communications Officer) Committee and the Women Lawyers Association of the * Shared membership ACT) . I also want to thank Sarah Avery for her work as chair of the committee until December 2017 .

Law Society President Sarah Avery with 40 years’ service pin recipients Brian 40 years’ service pins Kildea and Mark Cunliffe PSM OM23 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OUR MEMBERS

Gala events

DATE EVENT VENUE 6 July 2017 Welcome Dinner for Justice Gill and Judge Tonkin Chairman & Yip Cocktail Party to Welcome Justice Mossop and Associate 1 August 2017 Kokomo’s Justice McWilliam 25 August 2017 Annual Dinner & Awards Night Boathouse 29 January 2018 Ceremony to Welcome the 2018 New Legal Year ACT Supreme Court 7 April 2018 Young Professionals Ball National Gallery of Australia 12 April 2018 Farewell for Justice Penfold Pialligo Estate 14 May 2018 Law Week Launch and ACT Golden Gavel Competition Great Hall, University House Law Week Dinner: Virginia Haussegger AM, “F-words: Fear, 16 May 2018 The Boathouse By The Lake Failure, Feminism and making a Fuss”

Lectures and forums

DATE EVENT VENUE Inclusion and Diversity Committee panel discussion: 26 July 2017 Clayton Utz “Inclusion and diversity in the ACT legal community” International Lawyers Committee panel discussion: “Global 27 September 2017 Meyer Vandenberg legislative developments: Bottom up or top down?” The Annual Richardson Oration: Fiona McLeod SC, 28 September 2017 High Court “National interest and the rule of law” Mental Health Week lecture: “I am not your therapist, or; 10 October 2017 Finkel Theatre LLB, not Bpsych” ACT Office For Disability panel discussion: “Disability 15 May 2018 Finkel Theatre, ANU Justice – Equal before the Law?” Annual Blackburn Lecture: The Hon John Pascoe AC CVO, 15 May 2018 “Sleepwalking through the minefield: commercial surrogacy Finkel Theatre, ANU and the global response” Women’s Legal Centre panel discussion: “Managing family 15 May 2018 ACT Law Society violence issues in a workplace context” Bar Breakfast: Ken Archer, “Is there a role for mediation in 17 May 2018 King & Wood Mallesons the criminal law?” ACT Supreme Court education session: “Sentencing in 17 May 2018 ACT Supreme Court the ACT” OM24 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OUR MEMBERS

Collegiate and networking events

DATE EVENT VENUE 6 July 2017 Meet the DPP ACT Law Society 13 July 2017 July 2017 Members’ Lunch Alice’s Thai 17 August 2017 Winter 2017 Government Law Drinks DFAT 25 August 2017 Young Lawyers Networking Drinks Highball Express 13 September 2017 Young Professionals Speed Networking 2017 Treehouse Bar 21 September 2017 September 2017 Members’ Lunch Briscola 12 October 2017 Meet a Greyhound ACT Law Society 21 October 2017 Young Lawyers Spring Wine Tasting Day Long Rail Gully Wines 27 October 2017 Young Lawyers Networking Drinks Highball Express ACT Bar Association and ACT Law Society Equitable 31 October 2017 ANU Law School Briefing Networking Event 16 November 2017 Spring 2017 Government Law Drinks Moray & Agnew 24 November 2017 Young Lawyers Christmas Garden Party House of Reps Rose Garden 1 December 2017 Christmas 2017 Members’ Lunch Chairman & Yip 15 December 2017 Young Lawyers Networking Drinks Highball Express 1 February 2018 Drinks to Celebrate the 2018 New Legal Year ACT Law Society 10 February 2018 Young Lawyers Afternoon Rendezvous Pialligo Estate Australian Government 22 February 2018 Summer 2018 Government Law Drinks Solicitor 23 February 2018 Young Lawyers Networking Drinks Kokomo’s 8 March 2018 March 2018 Members’ Lunch Tipsy Bull 20 April 2018 Young Lawyers Networking Drinks Kokomo’s 3 May 2018 Autumn 2018 Government Law Drinks Proximity 18 May 2018 Law Week Quiz Night National Convention Centre 4 June 2018 Reflect Reconciliation Action Plan Launch HWL Ebsworth 14 June 2018 Young Lawyers Mentor Program Cocktail Event Street Theatre 22 June 2018 Young Lawyers Networking Drinks Kokomo’s

Sporting events

DATE EVENT VENUE 21 July 2017 Young Lawyers Ski Trip Snowy Valley Resort 25 May 2018 Law Week 6-A-Side Soccer Afternoon Willows Oval, ANU OM25 OPERATIONS Submissions Thanks to the many experts assembled on our on proposed legislation . We also respond to requests committees, the Society is able to look in detail at from other entities, including ACT Legislative Assembly proposed legislation and its impact, not only on legal Committees, and the Shadow Attorney-General, for our practice in the ACT, but on the community’s access comments on exposure drafts of proposed legislation . to justice, and the fairness and efficiency of the administration of justice . The list below sets out many of the submissions made by the Law Society in the 2017–18 financial year . Please We maintain a strong relationship with the ACT note that consultation-in-confidence correspondence Government’s Justice and Community Safety and submissions are not listed . directorate, which gives us the opportunity to comment

DATE SUBJECT OF SUBMISSION / CORRESPONDENCE RECIPIENT Justice and Community Safety 8 August 2017 Submission re drink spiking legislation Directorate (JACS) 7 August 2017 Correspondence re claims harvesting JACS Chief Minister, Treasury and 24 October 2017 Correspondence re ‘Mr Fluffy’ blocks Economic Development Directorate (CMTEDD) Correspondence re costs in criminal appeals from the 13 December 2017 ACT Attorney-General Magistrates Court to the Supreme Court Correspondence re the provision of Court Alcohol and Drug 20 December 2017 ACT Attorney-General Assessment Service (CADAS) reports 22 December 2017 Correspondence re financial assistance for victims of crime ACT Attorney-General 12 April 2018 Correspondence re CTP ACT Chief Minister 27 April 2018 Submission re criminal law reform JACS 4 May 2018 Submission regarding peremptory challenges JACS ACT MLAs Shane Rattenbury 7 May 2018 Correspondence re CTP and Caroline Le Couteur 14 May 2018 Submission re regulatory four year plan CMTEDD Federal Attorney-General, 14 May 2018 Submission re immunity for combatants Minister for Defence Correspondence re Government announcement to provide 23 May 2018 ACT Attorney-General funding for an eighth magistrate Correspondence re the appointment of the ACT Director of 23 May 2018 ACT Attorney-General Public Prosecutions Submission re questions posed by the Sexual Assault Reform 25 May 2018 JACS Program (SARP) group Correspondence re the raising of the retirement age of ACT 29 May 2018 Shadow ACT Attorney-General Magistrates 4 June 2018 Submission re proposed changes to the Legal Profession Act JACS 27 June 2018 Correspondence regarding the appointment of the ACT DPP ACT Attorney-General Submission re amendments to the definition of tainted 11 July 2018 property in section 10 of the Confiscation of Criminal Assets JACS Act 2003 (ACT) Comment to JACS on consultation paper Developing the 18 July 2018 JACS National Plan on Elder Abuse OP26 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OPERATIONS

Continuing Professional // Julie Dobinson, Dobinson Davey Clifford Simpson Development // Elliott Dunn, King & Wood Mallesons // Paul Edmonds, Paul Edmonds & Associates The Society aims to provide relevant, timely and high / Charlie Faulder, Tenant’s Union of the ACT quality CPD to assist practitioners to fulfil their CPD / obligations productively and efficiently . During the // Paula Gonzalez, Attorney Generals Department 2017-18 financial year, the Society offered the following // James Haddock, Legal Aid ACT CPD events . // Patricia Holmes // Christina Huesch, Alliance Family Law CPD TYPE EVENTS ATTENDEES // Michael Johnson Seminar (1-2 hours) 19 822 // Sean King, Proximity Legal // James Lawton, Burley Griffin Chambers Workshop (3+ hours) 6 217 // Rachael Lewis, King & Wood Mallesons Themed day/afternoon 9 683 // Jon Lovell, Ashurst Australia Two-day Intensive 1 261 // James Macken, Henry Parkes Chambers Multi-day workshop 2 47 // Deborah Mackenzie, Mackenzie Workplace Law Webinar 1 23 // John Masters, Blackburn Chambers / Lea McLean, ACT Law Society The Society welcomes member feedback on the / program and is always interested to receive suggestions // Sanaz Mirzabegian, ACT Government Solicitor for future topics and speakers . We acknowledge the // Seyi Onitiri, Blackburn Chambers contribution our Committees make to shaping the CPD // Athol Opas, Blackburn Chambers program . // Adam Peppinck, Mills Oakley Lawyers Speakers // Rob Reis, ACT Law Society In addition to interstate and international speakers, // David Robens, Territory Chambers Canberra our CPD program relies heavily on the voluntary // John Solomon, Moray & Agnew contributions of local practitioners with expertise in // Philippa Spence, ACT Magistrates Court particular areas of law . The Society greatly appreciates the time and effort our speakers devote to the // Rebecca Tetlow, DDCS Lawyers preparation and presentation of seminars . We thank // Jane Thomson, Legal Aid ACT everyone who contributed to our program during // Jo Twible, KJB Law 2017‑18 . // Alexandra Wedutenko, Clayton Utz People who presented, or were part of a panel, in // Geoff Wilson, Comcare 2017‑18 were: // John Wilson, BAL Lawyers

// Ken Archer, Burley Griffin Chambers CPD Program sponsor // Louisa Bartlett, Legal Aid ACT We also take this opportunity to thank our sponsor, legalsuper, for its ongoing support of our CPD program . // Katie Binstock, McInnes Wilson Lawyers Without this support, we would not be able to offer // Rosemary Budavari, Disability Discrimination Legal quality CPD at such affordable rates . Services // Athena Cains, McInnes Wilson Lawyers // Kim Chapman, Legalcost // Dr Dalma Demeter // Phillip Davey, DDCS Lawyers // Barbara Deegan, Ashurst Australia // Alfonso del Rio, Clayton Utz

// Sonia Di Mezza, ADACAS An Industry SuperFund OP27 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OPERATIONS

List of CPD events run in 2017-18

DATE PRESENTATION TITLE 19 July 2017 Better Business Series Workshop: Trust accounting 20 July 2017 Recent changes to family violence legislation in the ACT 24 July 2017 Good, bad, indifferent? The civil claims Practice Direction three years on 26 July 2017 Insolvency update—latest issues, cases, and legislation 27 July 2017 Webinar: Generating quality client referrals 10 August 2017 Retirement Villages legislation—what it was, what it is and what it might be 17 August 2017 Workshop: Excellent not average—becoming a first rate negotiator 17 August 2017 Workshop: Understanding emotion—the key to successful negotiation 29 August 2017 Access to Justice Seminar Series: Assisting clients with a disability 7 September 2017 Code of conduct—employment investigations in the Cth and ACT public sectors 19 September 2017 Young Lawyers Advocacy Afternoon 22 September 2017 Fourth ACT Wills and Estates Conference 27 September 2017 Global legislative developments—bottom up or top down? 6, 13 & 20 October 2017 Spring Legal Practice Management Workshop 11 October 2017 FVOs from go to whoa 17 October 2017 Advocacy Afternoon 25 October 2017 Property Law Afternoon 2 November 2017 Mediation in estate disputes 8 November 2017 General protections under the Fair Work Act—workplace rights and adverse action 16 November 2017 The role of the Public Trustee and Guardian for the ACT 21 November 2017 Money laundering—the new catastrophic risk 22 November 2017 Spring Government Law Afternoon 30 November 2017 Workshop: Priorities, productivity and personal effectiveness 1 December 2017 New Lawyers Afternoon 14–15 February 2018 The 2018 Intensive 28 February 2018 Overview of the NSW CTP changes 1 March 2018 Contracts Law Masterclass Workshop: Avoiding the train wreck—ethical dilemmas, stress, and maintaining a 7 March 2018 successful legal practice 14 March 2018 Autumn Government Law Afternoon 21 March 2018 Conflicts of interest and obligations to former clients 28 March 2018 Young Lawyers Afternoon 4, 11 & 18 May 2018 Autumn Legal Practice Management Workshop 10 May 2018 Residential tenancies in the ACT—Sorting fact from fiction 6 June 2018 Property law and conveyancing update series: GST at settlement measure 13 June 2018 The role of the Public Trustee and Guardian for the ACT 15 June 2018 Access to Justice Seminar Series: World Elder Abuse Awareness Day 20 June 2018 Better Business Series Workshop: Trust accounting 28 June 2018 Successful bail applications OP28 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OPERATIONS

CPD event breakdown

OP29 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OPERATIONS

Practice Management Committee report Complaints are handled through the Law Society’s Professional Conduct Committee . The ACT Law Society again conducted two Practice Management Courses during the past year with a total of 46 participants . It has been pleasing to receive Professional Conduct Committee report positive feedback from many of the participants . In May 2018, after 18 years’ service to the Professional Conduct Committee (formerly the Complaints In addition, the committee has run risk management Committee), Jim Dunn resigned . On behalf of the and trust accounting seminars for solicitors and support committee and the Law Society, I express my gratitude staff . to him for the countless voluntary hours he dedicated I thank all the course presenters, who again delivered to the important work of the committee . Jim’s insightful excellent papers, and members of the committee for and fearless contributions over this time have been their invaluable contribution . invaluable, and will be missed .

—Bill Baker, Chair The committee welcomes Ann Northcote, a director of Farrar Gesini Dunn and a well-regarded and Presenters experienced senior family law practitioner . Ann’s // Michael Bannon, Partner, Duesburys Nexia presence will be of great benefit to the committee . // Jonathon Beaumont, Director, Beaumont Legal In addition to the handling of formal complaints, our // Kim Chapman, Partner, Legalcost Professional Standards Manager, Robert Reis, and // Julie Dobinson, Managing Partner, Dobinson Davey Professional Conduct Committee Secretary, Linda Clifford Simpson Mackay, dealt with numerous telephone and email // Billy Kang, Management Consultant, Nexia Australia enquiries from potential complainants . Not all enquiries // Jon Lovell, Senior Associate, Ashurst Australia escalate into formal complaints . At the time of an enquiry, where appropriate, opportunities to resolve // Lea McLean, Finance & Business Services Director, issues are canvassed . ACT Law Society // Rob Reis, Professional Standards Manager, ACT Formal complaints are not automatically forwarded to Law Society solicitors for their response . The committee’s initial task // John Wilson, Managing Legal Director, Bradley is to consider and determine whether an investigation Allen Love is required . Following a preliminary assessment, further information is often sought from the complainant to Committee members specifically identify the conduct that is alleged to have // Bill Baker (Chair) occurred . Upon receipt of that information, a decision // Graeme Blank will be made by the committee whether a response is // Paul Crawford required from the solicitor or whether the complaint // Phillip Davey can be summarily dismissed . If a response is not // Paul Vane-Tempest required, a copy of the complaint and the committee’s reasons for dismissal will be forwarded to the solicitor // Robert Reis for information only . // Linda Mackay If an investigation commences, the committee will Professional Conduct ultimately consider all the material provided by the parties and assess whether the complaint should be dismissed The Law Society has a statutory obligation to maintain pursuant to s .399 of the Legal Profession Act 2006 . and improve the professional standards of the legal profession and to protect the public from inadequate Complaints which the committee concludes are unable advice and representation . These obligations are to be dismissed under s .399 are referred to the Council fulfilled in various ways — through education, of the Law Society . The Council has the discretion to investigation, intervention and support . dismiss under s .412, summarily conclude the matter under s .413 or prosecute the complaint . Prosecution The Law Society investigates complaints against of complaints under s .419 of the Legal Profession Act solicitors, unqualified practitioners, and associates of 2006 are referred to the ACT Civil and Administrative legal practices . Tribunal (ACAT) .

The Law Society ensures solicitors are ‘fit and proper’ The committee dealt with 92 formal complaints in the persons for legal practice and undertakes litigation for 2017–18 financial year, two fewer than the previous year . complaints referred to the ACT Civil and Administrative Tribunal and the Courts . OP30 ACT LAW SOCIETY ANNUAL REPORT 2017-18 OPERATIONS

The following analysis shows the type of conduct The committee is well-placed to identify areas of raised in complaints, and the major areas of law and practice experiencing an escalation in complaints concern . This year has seen an increase in complaints received about specific types of conduct . For the in estate and migration matters, with most other areas assistance of members’ professional development, this remaining steady . information informs the Law Society’s CPD program . Articles about developments are also written for Ethos, highlighting how practitioners can greatly reduce the CONDUCT RAISED IN COMPLAINT QTY likelihood of receiving a formal complaint . Costs 17 My gratitude is extended to Robert Reis and Linda Communication and services (failure to Mackay and all members of the committee for their carry out instructions, acting without hard work and dedication over the past year . instructions, bullying, delay, discourtesy, 41 lack of competence and diligence, lack of —Ross Reid, Chair communication) Committee members Trust account matters 6 // Ross Reid (Chair) Personal conduct (negligence, misleading 12 // Allan Bedford behaviour, conflict of interest) // Sarah Boxall Non-compliance 6 // Mary Burgess Other (general conduct) 16 // Amy Burr // Sally Campbell // Michael Deasey AREA OF LAW / CONCERN QTY // Julie Dobinson Family Law 15 // Jim Dunn (until May 2018) Property 16 // Maurice Falcetta Civil Litigation 18 // Bridie Harders Criminal Law 6 // Vivien Holmes Compensation (Personal Injuries/Medical // Gavin Howard 11 Negligence/Worker’s Compensation) // Ken Hubert Estate matters 12 // Ann Northcote Employment 2 // Scott Pearsall Migration 8 // Darryl Perkins Other 6 // John Solomon // Alisa Taylor During the reporting period, 34 complaints were // Mark Tigwell dismissed pursuant to s .399 without requiring an // Gillian Yeend investigation, 21 were dismissed pursuant to s .399 following an investigation, 15 were dismissed pursuant to s .412 following the completion of an investigation, one was referred to the NSW Law Society, seven were summarily dealt with pursuant to s .413 and three matters were filed with the ACAT .

The ACAT made findings of professional misconduct against two practitioners .

There are currently five disciplinary matters before the ACAT or the Supreme Court . Of these, the Society has filed applications to have two practitioner’s names removed from the Roll . In addition, there are 19 matters currently before the Council of the Law Society awaiting consideration as to whether disciplinary proceedings should commence . OP31 COMMITTEES Access to Justice & Human Rights Civil Litigation Priorities for the Access to Justice and Human Rights During the past 12 months there have been some Committee for 2017–18 were: membership changes on the committee . We continue to have a good mix of senior practitioners from // Continuing to pressure the Federal and local firms representing individuals, as well as those with government for increased funding for legal assistance . corporate and insurance clients . This allows us to // Access to justice for people with a disability, for have constructive input across a range of issues in a Aboriginal and Torres Strait Islander people, and for balanced format . refugees, migrants, and people from non-English The committee continues to include the Registrars of speaking backgrounds . the Supreme and Magistrates Courts, as well as senior // The National Disability Insurance Scheme (NDIS) . representatives from ACAT, which allows us to receive timely and helpful input about issues affecting litigation . // Family violence matters in Courts and Tribunals . One issue that has been ongoing is the proposed // The rights of people in closed environments (i e. . in amendments to the CTP scheme in the ACT . Committee care or detention) . members have been involved in a working group // The practice of involuntary restraint in mental involving the Law Society, ACT Bar Association and health care . Australian Lawyers Alliance . The working group was critical of the Citizen’s Jury process but, as members / Education and assistance for practitioners to / of the Society will be well aware, the process resulted undertake pro bono work . in a recommendation for a new model which will The committee continues to monitor local implement significant change to the CTP scheme developments, including litigation guardianship . and, unfortunately, limit the rights of those injured in motor vehicle accidents . It is expected that the next 12 The committee continued to work with the Law Council months will see a draft Bill and further action from the of Australia’s Justice Project and locally to provide committee in this space . education and assistance to lawyers interested in undertaking pro bono work, and works closely with The committee has continued to meet with the AFP other Society committees including the Civil Litigation on a regular basis to try and improve processes for Committee and the Criminal Law Committee . The the production of police records and reports with only committee is also represented on the ACT Legal limited success . Further meetings are planned . Assistance Forum and the Law Council of Australia’s I continue to serve on the Joint Rules Advisory Access to Justice Committee . Committee as the Law Society ‘s representative and I would like to express my gratitude to all members have been able to update the Society about proposed of the committee for their input and also give thanks rule changes . The major change that will occur in the to Tanya Holt and Jean-Marie Nshimirimana for their next few months is the introduction of electronic filing valuable assistance as committee administrators . and file management in the courts, and new rules relating to that are almost finalised . —Walter Hawkins, Chair The committee has had input into the planning of a Committee Members number of CPD sessions over the next 6-12 months / Walter Hawkins (Chair) / covering a variety of issues affecting civil litigation . // Anya Aidman —Richard Faulks, Chair // Allison Ballard // Adele Banks Committee Members // Richard Faulks (Chair) // Stephanie Chow // Belinda Barry // Amy Eager // Angus Bucknell (to March 2018) // Simon Henderson // Alyssa Dunn // Tich Pasipanodya // Lisa Eldridge (to January 2018) // Deb Pippen // Richard Garnett* // Kath Taplin (from February 2018) // Annie Glover // Jane Thomson // Walter Hawkins // Kate Waterford // John Henry // Alexia Zsigmondy (to February 2018) // Sarah McJannett* // Samantha Grundy (JACS) // John McPherson // Simone King (ACT Human Rights Commission) CO32 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES COMMITTEES

// Matthew Needham (to February 2018) through existing laws, rather than unnecessarily // Amanda Nuttall (to May 2018) expanding the number of offences . // Jane Reece (from May 2018) In the last twelve months the committee has // Kristy Soper commented favourably on the introduction and use // Ellen Teys (from January 2018) of intensive correction orders and the government’s introduction of pill testing—harm minimisation // James Treloar around drug use is significantly more effective than // Nikolas Willing (from February 2018) zero tolerance approaches . It is unfortunate that the // Karl Pattenden (ACT Bar Association) government’s drug driving laws fall into the latter * Shared membership category, focusing on the mere presence of a trace of a drug rather, than on the effects of impairment . The Criminal Law committee, on behalf of the Society, will continue to advocate for this approach, linking criminality to the The criminal law remains a barometer for our society, degree of risk/harm posed to society . reflecting its problems and concerns . The test for the Criminal Law Committee is always to stay on top of In the year ahead we look forward to working in the large volumes of legislative reform and attempt to new court precincts and we also look forward to sift through those which are reactive and those that working with our new Director of Public Prosecutions, promote positive social change . This year has definitely who will no doubt shape the criminal law in the ACT been an active one for the committee, dealing not only in the short to medium term . The last six months has with the recent changes to the criminal law focusing shown the significant impact both DPP policy and DPP on family violence, but also working on submissions funding have had on the criminal justice landscape ,with about the government’s proposed responses to the the recent expansion of Confiscation of Criminal Assets Royal Commission into Institutional Responses to Child proceedings following the formation of a dedicated unit Sexual Abuse . It is clear these responses will involve the within the DPP . The committee will monitor the effects most significant changes to the laws of evidence since of this over the next year . the introduction of the Uniform Evidence Act in the Whilst there has been much work done, there has also mid 1990s . The proposed changes will impact beyond been some good humoured fun on the committee this prosecution of institutional sexual abuse offences or year that reflects the dedicated lawyers who serve on even sexual offences and instead will extend to effect it . I thank all members for their tireless work on reading how all criminal proceedings are heard and determined . and responding to draft legislation . Special thanks to Whilst these large scale changes have been debated Paul Edmonds for his work with me providing first and introduced there has also been a continuing debate drafts of several key submissions over the last twelve on anti-association laws in the ACT and other measures months . Thank you also to Natasha, the Law Society’s focusing on outlaw motor cycle gangs . In this space research officer, who provides much support to the the committee advocates for a balanced response that committee—the benefits of which are seen in the focuses on actual need . The committee has advocated quality of our submissions . for policing the criminal actions of such organisations —Michael Kukulies-Smith, Chair

Chair of the Government Law Committee, Peter Cain, and Chris Behrens and Louise Guests at the Fourth ACT Wills and Estates Conference, held in September 2017 at the Vardanega of AGS, at the Summer 2018 Government Law Drinks . Boat House by the Lake . CO33 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

Committee Members workloads and to release some of the pressure on the // Michael Kukulies-Smith (Chair) committee’s ever-committed existing membership . We // Sarah Avery* sought expressions of interest to join the committee and received responses from a number of enthusiastic // Adele Banks and talented practitioners . Valerie Bradley, Christie // Diana Barnes Gardiner, Mabel Lim and Golnar Nekoee joined the // Lorana Bartels* committee in late 2017 . The committee continues to be // Sarah Boxall well-represented, with members from private practice, // Jane Campbell* Commonwealth and ACT Government, the ACT Supreme Court, the Public Trustee & Guardian, the community // Richard Davies* legal sector, the ANU College of Law and COTA (ACT) . // Paul Edmonds // Andrew Fraser The current landscape In recent years, there has been increased attention on // Annie Glover* the area of wills, estates and elder law, making the work // Charlene Harris of the committee more relevant than ever . // David Hoitink* Elder abuse is starting to capture the collective // Michael Lalor attention of the media, government and community, // James Lawton which can be seen in the recent release of the // Chantel Potter* Australian Law Reform Commission’s report into elder // Adrian McKenna abuse (Elder Abuse—A National Legal Response) . This has led to a number of law reform projects and // Amanda Nuttall* (to May 2018) opportunities for the committee to make meaningful // Jacob Robertson contributions to the profession and community at large . // Megan Valler* Law reform projects // Dianne O’Hara (CEO) Elder abuse // Natasha Del Piero (Research Officer) The primary focus for the committee this year has been * Shared membership to advocate for reform, as well as improve education in the profession and the wider community, in relation Elder Law & Succession Law to elder abuse . As part of their work, the committee was invited to respond to the Consultation Paper— The Elder Law and Succession Law Committee has Developing the National Plan on Elder Abuse and is also had a very demanding year as it continues to make currently working on a number of projects, including: significant contributions to law reform projects, community engagement and practitioner education . // Improving education and regulation surrounding Enduring Powers of Attorney . It is noted that a new Due to the aspirations of the committee for greater brochure on attorney obligations has been produced education and reform, particularly in the areas of elder by the committee for circulation amongst members abuse and elder law issues, a need was identified and the community . The brochure can be located on for new members to help assist with the increasing the Law Society’s website .

Guests at the Fourth ACT Wills and Estates Conference, held in September 2017 at the Guests at the Winter 2017 Government Law Drinks, hosted by the Department of Boat House by the Lake . Foreign Affairs and Trade . CO34 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

// Developing Best Practice Guidelines for ACT with the current intestacy provisions and contrasting practitioners in relation to preparing Wills and approaches adopted in other Australian jurisdictions Enduring Powers of Attorney, particularly, where and the recommendations of the Uniform Succession capacity may be in question . Law Reform Report . The committee appreciates that the matters raised in the paper contemplated // A review of the powers of ACAT to order significant changes which may involve extensive compensation if an attorney has breached their community consultation in relation to any reform . The obligations and the possibility of extending ACAT’s committee has since identified a number of what we powers to hear equitable claims for property as is believe to be non-controversial issues which would in now the case in its Victorian equivalent, VCAT . the meantime help with clarifying procedural aspects of In looking at this national issue, the Law Council of administering an intestate estate . Australia’s Elder Law and Succession Law Committee Retirement villages has undertaken a significant amount of work over the The committee continues to have a representative past 12 months and is examining ways to try and help on the Working Group for review of the Retirement combat this culture of abuse, including abuse in the Villages Act 2012 (ACT) . A draft Retirement Villages context of; residential aged care, the financial sector, Amendment Bill 2018 has been circulated amongst the retirement villages and in state-based powers of attorney Working Group and it is hoped that the Bill may be legislation . The Law Council of Australia has scheduled introduced in the second half of 2018 . a face-to-face meeting on 31 August 2018, which Emma Bragg as the ACT representative will attend, to help Family provision facilitate discussions of these issues at a national level . The committee has advocated a substantial review of the current regime under the Family Provision Act Civil Unions Act 1969 (ACT) . To assist the Attorney-General in considering Following the recent introduction of marriage equality the need for a review, the committee prepared a laws in Australia, the committee was invited to substantial issues paper . The committee looks forward comment on how proposed reforms to various pieces to receiving a response from the Attorney-General and of ACT legislation, including the Civil Unions Act, may would welcome a review of these laws . impact on succession law issues . The committee will continue to monitor amendments in this area to ensure In the past year, the committee has also hosted two that there are no unintended consequences as a result sessions with guests Geoff McCarthy, ACAT Member, of these legislative reforms . and David Ferguson, Legal Adviser, Office of Gordon Ramsay MLA Attorney-General to discuss their roles Enduring Powers of Attorney and how the committee may continue to work with The committee has played a key role in recent years by them in relation to elder law and succession law issues . engaging with JACS regarding a number of amendments to the Powers of Attorney Act 2006 (ACT) . Following Community engagement the release of the ALRC’s Elder Abuse Report, and the The committee continues to welcome opportunities national recommendations it made in relation to Powers to engage with and provide education to members of of Attorney, the committee is currently identifying the general public on matters related to elder law and potential areas of reform to the Powers of Attorney Act succession law . Once again, the Law Society hosted 2006 (ACT) in the context of helping to prevent, or at a stall at the Seniors Expo in March 2018, which was least minimise the risks of, elder abuse . staffed by volunteer practitioners throughout the day . Members of the committee have also provided Review of Guardianship and Management of information sessions to a local Probus Club on Wills Property Act 1991 and estates law, to Carers ACT on aged care and The ACT Law Reform Advisory Committee released participated in the Access to Justice Series hosted on a report on guardianship with a view to changing the World Elder Abuse Day (15 June 2018) . We understand emphasis in ACT legislation from substitute decision that all information sessions were well attended and making and a ‘best interests’ approach to a supported have received glowing feedback . decision making with a ‘rights-based’ approach . The committee will continue to monitor developments in Continuing Professional Development this area following release of this report . One of the main aims of the committee continues to be raising the profile of elder law and succession law within Intestacy the profession . In the context of an ageing Australian In recent years, the committee has advocated a population, it is an important and growing practice substantial review of current intestacy laws under area that requires a high degree of skill and diligence the Administration and Probate Act 1929 (ACT) . To from practitioners . Given the increasing complexities assist the Attorney-General in considering the need facing practitioners in this area, the committee aims to for a review, the committee prepared a substantial encourage and support practitioners through relevant issues paper . The brief identifies potential problems and expert CPD programs . CO35 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

One of the committee’s biggest CPD events continues // Mabel Lim to be the annual Wills & Estates Conference that it // Tim Morton holds in September of each year . We had great success // Golnar Nekoee with our Fourth Annual Wills & Estates Conference which was held at The Boathouse in September 2017 . // Elizabeth Samra We had just under 100 registrations for the event which // Loretta Zamprogno (to February 2018) was a wonderful turnout and the highest we have had // Jennifer Bauer (JACS) since the committee commenced running these events . // Kevin Campbell (JACS) We had five presenters with a combination of both local // Stephen Kellett (Public Trustee and Guardian) and interstate speakers . The feedback was extremely positive and attendees seemed most impressed with // Hamish Kerr* (Department of Health, to July 2018) the selection of speakers . // Peter Prince* (Department of Health) // Fergus Thomson (Council on the Ageing ACT) The committee is now well underway planning for the * Shared membership Fifth Wills & Estates Conference which is scheduled for 21 September 2018 . It will again involve five highly regarded speakers, amongst them many of the judiciary, Family Law as well as a brief address by the Attorney-General . The last 12 months have seen the proposal of a series The committee has worked with the Society to of major reforms in family law (some of which were ensure there are CPD sessions throughout the year underway at the time of my last report) . that are relevant and engaging for wills and estates ALRC review of the Family Law Act practitioners, including: The landmark ALRC review of the Family Law Act // Phil Davey, DDCS Lawyers, presenting on “Mediation is well and truly in progress . The Issues Paper was in Estate Disputes” in November 2017 . released on 14 March 2018 and the committee (with the Canberra Region Family Lawyers and Practitioners // Katie Binstock, McInnes Wilson Lawyers, presented at Association) convened a meeting at the Law Society the February 2018 Intensive on “Capacity—When it is that month to directly engage with local members in Doubt” . and others interested in or working in family law . The // Rebecca Tetlow, DDCS Lawyers, presented at the discussions were lively and a range of constructive February 2018 Intensive on “Enduring Powers of suggestions in response to many of the questions in the Attorney” . Issues Paper were explored .

// “Probate Practices for Young Lawyers and Support A number of local practitioners then travelled to Sydney Staff,” which is scheduled for 14 November 2018 and will to attend a forum convened by the Family Law Section be run by Emma Bragg, Tim Morton and Katie Binstock . (FLS) of the LCA where key elements of the Issues Paper were explored in more detail . The FLS prepared Throughout the year, the committee has also made an a comprehensive memorandum in response to the effort to keep practitioners informed about changes to Issues Paper, which was provided to the committee the law through notices in Hearsay and articles in Ethos . for comment, and was subsequently endorsed by the I would like to express my gratitude for the continuing committee . passion, commitment and dedication the members of Family violence this committee provide, as ambassadors for the Law Other important reform initiatives continued in 2018, Society and the profession, in the areas of elder law and including changes to how the courts respond to victims succession law . of family violence and a range of protections to ensure —Emma Bragg, Acting Chair they are not subject to direct cross-examination by the alleged perpetrator of that violence . The draft Committee Members legislation will be presented to Parliament in the spring // Rebecca Tetlow (Chair, on maternity leave since sittings and the committee provided a submission on an March 2018) earlier draft . // Emma Bragg (Acting Chair from March 2018) Parental Management Hearings // Erin Bedford The legislation for the widely reported Parental // Katie Binstock Management Hearings (PMH) is also listed for // Glenda Bloomfield consideration in the spring sittings . The committee, // Christie Gardiner along with all constituent bodies of the LCA and the FLS, opposed the creation of the PMH pilot and urged // Michelle Gold (to February 2018) reconsideration of this plan—it would appear, to little // Grant Kennealy avail . Funding in excess of $12M has been earmarked // Jady Kwong* CO36 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

for the pilot (to begin in Parramatta), money which While returning to “one court” has long been advocated the committee urged would be better allocated to the by many family law groups, this model, it is feared, will existing family law courts and related services . not result in better experiences for families turning to the court system . Courts merger In late May 2018, the Commonwealth Attorney-General The personnel in the Canberra Registry of the announced (it would appear, with no consultation of Federal Circuit Court and the Family Court have relevant family law bodies) the government’s decision continued to work tirelessly and patiently and the to merge the Federal Circuit Court and the Family Court workloads, in particular, of the Federal Circuit Judges, in January 2019, to remove the appellate division of the Court Registrars and Consultants (indeed all staff) Family Court (where matters may be heard by three are enormous . The committee is grateful for the Judges unless the Full Court determines that an appeal continuation of the very positive relationship we have from the Federal Circuit Court may be heard by a single with the courts—which will be especially important if Judge) and instead have appeals heard by one Judge the proposed reforms are implemented in 2019 . only in the Federal Court (in a family division) . No new Looking ahead Family Court Judges will be appointed to that court . The next 12 months will be “interesting” for family While significant efficiencies of the merger of the lawyers . The final report of the ALRC will be released in courts have been claimed, the relevant (PWC) report March 2019 (after the proposed merger of the courts commissioned by the government, has only recently has occurred!) . The ALRC discussion paper is scheduled been released . to be released on 2 October 2018 and the committee will engage further with our members about what it There have subsequently been a series of criticisms in says, in order to make submissions in response . the press made by the Attorney-General, of that court and its judges—which comments should be of concern We will continue our advocacy on behalf of family to all lawyers . lawyers for sensible reform that protects the vulnerable users of our services and recognising the important The proposed merger has met considerable protest work done by hard working lawyers (including Judges!) and criticism—and the articulation (by specialist around the country . family lawyers and expert bodies, including the FLS) of deficiencies in the declared justifications for such I thank the committee members for their positive a move . The abolition of the Family Court, after engagement and substantial contribution and to Jean- more than 40 years of world-first development of Marie for his assistance and good humour . specialised responses to family law disputes is extreme —Di Simpson, Chair and disappointing—in circumstances where the most obvious and significant challenge for delivery of timely Committee Members and expert outcomes for families in both the Federal // Di Simpson (Chair) Circuit and Family Court is serious underfunding by // Stuart Cameron (from June 2018) successive governments . Virtually no additional funding // Amanda Di Placido is presently allocated to assist the new “merged court” to manage the enormous logistics of this change . // Andrea Evans

Chair of the Government Law Committee, Peter Cain, and DFAT Senior Legal Adviser, Members of the Young Lawyers Committee with their donation to Lifeline Canberra, at James Larsen, at the Winter 2017 Government Law Drinks . the Young Lawyers Christmas Garden Party . CO37 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

// Averil Foster* The committee also organised four evening drinks // Kasey Fox functions at which an invited guest spoke about the relevance of their work in the government law arena . // Ron Friesen I especially appreciated the generous offer from firms // Cristina Huesch and government agencies to host these networking // Brooke Johnson* events and (again) had more offers for hosting than // Claudia Maclean were required . The guests and host venues were: // Tanya Nadin (to February 2018) // 17 August 2017—James Larsen, DFAT Senior Legal // Kevin Robinson Advisor, hosted by the Department of Foreign Affairs // Brigitte Smithies (from April 2018) & Trade . // Emily Tighe // 16 November 2017—Group Captain Patrick Keane AM, // Carlos Turini Chief Legal Advisor to the Australian Defence Force // Anna Wynne Headquarters Joint Operations Command, hosted by Moray & Agnew . // Gavin Howard (ACT Bar Association) * Shared membership // 22 February 2018—Christopher Behrens, Senior Executive Lawyer at AGS and winner of the 2017 Government Law Government Law Award, hosted by the Australian Government Solicitor . The Government Law Committee has a focus on government lawyers and private practitioners involved // 3 May 2018—Annette Musolino, General Counsel with government law, both Commonwealth and at the Department of Human Services, and Mark ACT . The committee is comprised of lawyers from Cunliffe, General Counsel at the Department of the Commonwealth, the ACT, and private practice . Defence, hosted by Proximity Legal . During 2017–18 the committee has met six times, and The committee, on behalf of the Society, continues members have contributed to the presentation of two to administer the Government Law Award, which CPD afternoons, three evening drinks functions, and recognises the outstanding contributions by a to the Society’s consideration of a number of issues practitioner working for or with government . It is hoped concerning government law . that this award will continue to raise the awareness The committee held CPD afternoons covering all four of the substantial contribution that government law CPD areas on 22 November 2017 at ANU Commons practitioners make to the legal profession and to the and 14 March 2018 at The Boathouse . As in previous community . The 2017 winner was Christopher Behrens, years these were very well attended, with about 80-90 Australian Government Solicitor . practitioners attending each afternoon . The committee It was a privilege for the committee to facilitate continued its practice of seeking to provide a variety the approval by Council of practising certificate of topics from local and interstate presenters, with a arrangements that were required for the launching mixture of government and private practitioners and of the Pilot Reciprocal Secondment Program . This members of the Bar . program, an initiative of the Office of Legal Services

Guests at the Young Professionals Ball “Puttin’ on the Glitz” at the National Gallery of Guests at the Winter 2017 Government Law Drinks, hosted by the Department of Australia’s Gandel Hall . Foreign Affairs and Trade . CO38 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

Coordination, Attorney-General’s Department (Cwlth), The committee’s Sara Wedgewood facilitated the provides for the exchange of a private practitioner finalisation of the Society’s ‘Reflect’ Reconciliation with a government lawyer . The program is a wonderful Action Plan, which was three years in the making . development opportunity for participants and an The Reflect RAP seeks to strengthen and develop enhancement of each host’s understanding of the relationships, increase member’s engagement with distinctions between private and government practice . the culture of first peoples, increase mindful respect of first people’s culture and establish sustainable and I’d like to thank the committee members for their meaningful avenues into the profession for first peoples . enthusiastic support for the committee’s agenda and The Society’s Reflect RAP was launched on 4 June with for providing input into Law Society submissions as venue and catering kindly provided by HWL Ebsworth . requested . Special thanks must go to the Society’s Tanya Holt (on leave) and Jean-Marie Nshimirimana, for We are a relatively new committee whose remit supporting the committee with its administration . compasses all aspects of the lifecycle of being a lawyer . Being so broad, the key challenge faced by —Peter Cain, Chair the committee is how and where to devote its limited Committee Members resources, especially when all members are passionate // Cain Peter (Chair) about their profession, their Society and creating a // Simon Blake (from April 2018) professional environment which is respectful to all lawyers . The challenge for the committee in the next // Peter Brooks year will be to increase its visibility and engagement // Athena Cains with other committees . The committee thanks the // Elizabeth Carroll (from April 2018) unending support of the Society’s CEO and her team, // Dominic Cookman (from April 2018) and Law Society President Sarah Avery, who has lent // Louise Futol (to September 2017) her support and advice when it was most needed and who, like her predecessor Martin Hockridge, were // Paula Gonzalez instrumental in the Society’s RAP being adopted . // Rohan Goyne (to October 2017) As committee Chair, this will be my last Annual Report // Julie Heckscher (to February 2018) and I thank the efforts, encouragement, humour, ideas / Vicki Hogarth / and hard work of the committee . Works of committees // Brian Kildea are the product of all involved bringing together // Timothy Matthews (to December 2017) teamwork and dedication . Thank you . // Kathleen McCarron (from April 2018) With all the important work all committees do, // Sanaz Mirzabegian sometimes it is the small things we do in our personal // Guy O’Brien (from April 2018) lives that impact those in our community . I have a seven // Athol Opas year old niece who recently stood up to a group of boys four years her senior because they were laughing // Rebekha Pattison at a boy who had a physical ailment . She told them to // Adam Peppinck stop being mean and stop . They stopped . The child // Christine Plevey being laughed at felt worthy and his parents grateful . // Mark Smith (from April 2018) We taught her to value all people and not judge . A single action of selflessness recognising another human // Lynne Thompson being’s need is what we can all do every day and teach // Rebecca Wheeler (Young Lawyers Committee) each other . If a seven year old can, why can’t we all? Inclusion & Diversity —Ranjini Nayager, Chair Committee Members 2017–18 was a year where the Inclusion and Diversity // Ranjini Nayager (Chair) Committee continued to engage with stakeholders and to speak out on issues of professional relevance . During // Jan Baker the year, the committee contributed to profession-wide // Veena Bedekar discussions and developed content for the Society’s // Avinesh Chand web site . Committee members wrote on areas that // Farzana Choudhury (from April 2018) ignited their passion for equality for all . Clayton Utz / Dominic Cookman co-hosted with the committee a discussion panel to / celebrate, promote and discuss inclusion and diversity // Walter Hawkins in the ACT legal community with speakers including // Liz Hughes-Brown Associate Professor Asmi Wood, Liz Huang Hughes- // Kahlia Jenkins Brown and Caroline Bush compared by the committee’s // Sama Khan Dominic Cookman . CO39 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

// Angela Lauman panel discussion and the drivers of global public policy // Tamara Sullivan- Smith (to August 2017) and legislation . More articles are forecast for 2017-18 . // Anna-Kate Visser In February 2018, the committee supported the Jessup // Sara Wedgwood International Moot Court Competition at the Australian // Senzeni Zambezi National University, with most of the committee participating as judges . Industrial Relations The committee continues to communicate and promote international law items of interest through The Industrial Relations Committee meets to consider the established LinkedIn group and Hearsay . This has industrial relations and employment issues relevant to included the listing of the 2018 UNCITRAL seminar the profession in the ACT and, through the Society, to presented by the UNCITRAL National Coordination advise members of developments in this area where Committee Australia (UNCAA) and the upcoming appropriate . Institute for the Unification of Private Law (UNIDROIT) This year, issues that the committee has dealt with consultation workshop on the Protocol to the Cape include making submissions in relation to the ACT Town Convention on matters specific to Agricultural, government’s review of the Workplace Privacy Act 2011, Construction and Mining Equipment, which is being legal aid for employment matters, air tasking and the co-sponsored by the International Lawyers Committee gig economy, and workplace bullying . and UNCAA . The committee has provided CPD seminars in the —Lynette Molloy, Chair Society’s program (including “Code of conduct: Committee Members employment investigations in the Commonwealth and // Ilona Krolikowska (Chair up to June 2018) ACT public sectors”, “General Protections under the Fair // Lynette Molloy (Chair from June 2018) Work Act”, and “Social Media and Employment”) and prepared an article for Ethos on disability discrimination // Bechor Aharoni (from April 2018) and prospective employees and employers . // Mark Goyne / Suzanne Howarth —John Wilson, Chair / // Zoe Hutchinson Committee Members // Briony Martin // John Wilson (Chair) // Debra Parker (from April 2018) // Allison Ballard // Barbara Pearson // Ashlee Berry (from June 2018) // Jason Soderblom // Kirsty Easdale // Lucy Turonek // Alana Heffernan (to December 2017) // Tiru Vallal // Rachael Hyde // Andrew Klein Legal Profession Act & Ethics // Deborah Mackenzie // Jasmine Millar The committee met formally on six occasions throughout the year to address a range of issues, either // Belinda Miller referred to it by the Executive or otherwise brought to // Jamie Ronald the committee for consideration . The committee also // Rebekah Smith dealt with a number of other matters out of session as // Gabrielle Sullivan (from June 2018) the need arose . The topics addressed have been stimulating and International Lawyers relevant to the day to day practice of members . I was appointed to the role of committee Chair in June In particular, considerable time has been devoted to 2018 when Ilona Krolikowska resigned her position . potential conflicts of interests arising in the following The membership of the committee experienced some circumstances: further changes, with two new members joining the / Business structures put in place by firms; committee in April . / / Family Law Mediations; and In September 2017, the committee sponsored an / event held at Meyer Vandenberg — ‘Global legislative // Developer’s lawyers’ contact and direct dealings with developments: Bottom up or top down?’ . A member of buyers of units in property developments, including the committee, Suzanne Howarth, then had an article in circumstances where the buyer was legally published in the December issue of Ethos about the represented . CO40 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

Indeed, these particular issues dominated the // Gerald Santucci committee’s agenda throughout the year with // Dianne Simpson significant and well reasoned contributions made by all // Ross Watch members to the committee’s deliberations . // Rob Reis (Professional Standards Manager) Discussions were conducted with JACS in relation to a broadening of Section 433 of the Legal Profession Act 2006 empowering the Tribunal to make a costs Military Law order against a non-qualified employee of a solicitor The Military Law Committee had a productive year . after a finding of unsatisfactory employment conduct The committee benefited from a previous influx of new by ACAT . members and is now drawing on their range of skills Finally, the committee considered and resolved and experience . Committee members include Australian a number of ethical and practice issues raised by Defence Force legal officers, both regular and reserve, members seeking clarification or guidance from the private practitioners, academics, and government Society . lawyers . I again thank the members of the committee for their Committee members participated in an information dedication, and the good humour which they brought brief from the Department of Veterans’ Affairs in to the table . I am indebted to each and all of them relation to a veterans’ advocacy and support services for the immense contributions they have made to the scoping study . The President then made submissions to committee’s deliberations . the study . I also extend my thanks to Tanya Holt, the Society’s The committee is available to provide advice and Committee Secretary, and whilst on maternity leave, her comment to the President on military law issues . Such successor Jean-Marie Nshimirimana, for their support . issues impact on Law Society members, the Defence community, and the wider public . —Michael Phelps, Chair The committee also continues to monitor and consider Committee Members matters of relevance to military law, military service, // Michael Phelps (Chair) and government and private practice in the ACT . // Paul Armarego The potential implications of ACT law for both the // Sarah Avery Defence Force Discipline Act 1982 and the Defence // Rahul Bedi (from June 2018) Act 1903 are topics of ongoing interest . The committee // John Buxton is considering proposed changes to Defence call out powers . The issue of the Commonwealth Criminal // Jennifer Crawley Code and combatant immunity is a subject of ongoing // Owen Harris (from June 2018) consideration . // Mark Love —James King, Chair // Athol Opas // Anna Reynhout (from June 2018)

Guests at the Young Lawyers Spring Wine Tasting Day at Long Rail Gully Wines, Speakers and hosts at the Autumn 2017 Government Law Drinks, generously hosted by Murrumbateman . Proximity . CO41 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

Committee Members by the Australian Taxation Office in relation to the sale // James King (Chair) of certain new residential property and vacant land . // Genevieve Butler Foreign Resident Withholding Tax // Alexandra Collins The committee liaised with the Australian Taxation // David Letts Office following the 1 July 2017 introduction of changes // Eva Logan to the foreign resident withholding tax regime . // Don Malcolmson Barrier Free Stamp Duty // Ben Mason The committee liaised extensively with the ACT Revenue Office in the lead up to and following the // Tristan Skousgaard (to May 2018) September 2017 introduction of the ‘Barrier Free’ // Peter Sutherland method of collecting stamp duty . This included // Michael Webster recommending a number of changes to the ACT Revenue Office’s processing procedures and Property Law recommending a number of changes to relevant ACT Land Titles Office forms . The Property Law Committee had a very busy 2017–18 year . We continue to meet monthly, and have some Contract for Sale sub-committees that meet in addition to the monthly The committee twice redrafted the ACT Law Society’s meetings . standard Contract for Sale to accommodate the abovementioned Access Canberra, ACT Revenue Office, The Committee have representatives on a number of and Australian Taxation Office changes . The redrafts ACT Government Working Groups, including: have also been designed to enable the introduction // Access Canberra—working on the integration of an electronic version of the standard Contract for of a new IT system and a potential plug-in for Sale, which is expected to become available during the e-Conveyancing (PEXA), 2018–19 year .

// ACT Revenue—working on the integration of a new Strata Title Reform IT system and the introduction of the ‘Barrier Free’ The committee made written submissions to the ACT method of paying stamp duty, and Government and attended stakeholders meetings .

// Environment, Planning and Sustainable Development Red Tape Reform Directorate—working on possible reforms to ACT The committee continued to lobby the ACT strata title regulation and on improvements to Government for a range of reforms intended to reduce affordable housing in the ACT . the red tape associated with property dealings .

GST residential withholding measures ‘Mr Fluffy’ The committee liaised extensively with the Australian The committee assisted the ACT Law Society with Taxation Office in the lead up to and following the 1 July its contributions to media reporting in relation to the 2018 introduction of changes to the collection of GST indemnity provisions contained in the contracts for sale for remediated ‘Mr Fluffy’ blocks .

Members of the Young Lawyers Committee with their 2018 charity, Orange Sky Laundry, Guests at the Fourth ACT Wills and Estates Conference, held in September 2017 at the at the Young Lawyers Afternoon Rendezvous . Boat House by the Lake . CO42 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES

Other committee activities sourcing sponsorship and running cost-effective events, The committee ran a Property Law Afternoon CPD and the support of young lawyers in attending our on each of 25 October 2017 and 6 June 2018, both of events . The committee is putting these funds back into which were extremely well attended . our members through cheaper ticket prices, an extra CPD event on financial planning for young lawyers, and The committee published Hearsay articles on a regular providing assistance for the winner of the Golden Gavel basis on changes to legislation, case law and ACT and to travel to South Australia . We will also contribute Commonwealth Government policy . extra monies towards our donation to our chosen The committee also regularly answered questions from charity for 2018, Orange Sky Laundry . members regarding property law matters . As usual, we have had a very active calendar of events I sincerely thank the members of the committee, who for the 2017–18 year, including (but not limited to) continue to give generously of their time and expertise . our CPD events, Speed Networking, the Spring Wine Their hard work and efforts continue to provide an Tasting, the Christmas Garden Party, Networking enormous benefit to all members of the profession, Drinks, the Golden Gavel competition, the Law Week to the property industry, and, as a result, to the wider Quiz Night, An Afternoon Rendezvous, Networking community . Drinks, and our Mentor Program . We did not run the ski CPD weekend in 2018, as it takes a lot of organisation —Adam Peppinck, Chair and numbers have been down for the last few years, Committee Members however, we will review whether it should be run again // Adam Peppinck (Chair) next year . Sarah Boxall and Rahul Bedi also continue // Fred Arugay (Access Canberra) to coordinate Counsel to move the admissions of new lawyers, and to organise Networking Drinks to celebrate // Julie Beddoe (JACS) the newly admitted lawyers and to provide a regular // John Chamberlain and free networking event for all new and young // David Claxton (from April 2018) lawyers . / Alfonso del Rio / The mentor program, presently coordinated by Emily // Geoff Hay Bowler and Deblina Mittra, continues to grow . We now // Mussa Hijazi run two intakes per year, with about 40 mentors and // Michael James mentees in each intake . We also held our first ‘end of mentor program cocktail function’ on 14 June 2018 at // Roberta McRae the Street Theatre, which was well attended . Justice / Rhys Mitchell (Young Lawyers Committee) / Loukas-Karlsson (Patron of Young Lawyers in the // Christine Murray (from February 2018) ACT) graciously agreed to attend and give a speech, // Brett Phillips (Environment, Planning and Sustainable which was equal parts wise advice and entertaining . Development Directorate) This event will likely become a regular fixture on our // Helen Rodriguez calendar in the future . // David Toole (to January 2018) Our CPD program is also very successful, and is ably // Peter Waight coordinated by Angela Li, Alyssa Dunn and Adrien Hearne . We held our Young Lawyers Spring CPD // Chris Wheeler afternoon in September 2017, which focused on Advocacy . In December 2017, we held our New Lawyers Young Lawyers Workshop, which provides an introduction to Court The Young Lawyers Committee currently has 19 etiquette . Deputy Registrar Kennealy of the ACT members (our capacity is 20) . The committee meets Supreme Court and Registrar Amanda Nuttall, then of once a month with a view to facilitating a positive and the ACT Magistrates Court presented, along with Rob collegiate young lawyers community through social Reis of the Law Society and Seyi Onitiri of Counsel . We events, CPD seminars, networking events and a mentor began the year with our Autumn CPD Afternoon, which program . It is fair to say that the committee enjoys a involved a panel of experienced legal practitioners strong reputation in the legal community for being a providing practical advice and ‘war stories’ . very active and engaged committee . That reputation We are also working on a project to engage more is down to the hard work of the committee members, closely with students undertaking the GDLP at ANU who work to organise and publicise a strong, interesting and College of Law at UC, which is being coordinated and exciting calendar of events . by Steve McMahon and Rhys Mitchell . The project The committee is also very lucky to have an incredibly involves preparing a brochure to provide to these healthy budget at present, due to the success of our students with information on the practicalities of CPD program, the hard work of committee members in admission, what the committee does, and directing CO43 ACT LAW SOCIETY ANNUAL REPORT 2017-18 COMMITTEES FINANCIAL

them to job placement opportunities . We also plan to Committee Members attend face to face sessions to introduce the committee // Lisa Sherman (Chair) and provide the brochures . // Kahlia Jenkins (Vice Chair) The Young Professionals Ball continues to be our // Rebecca Wheeler (Secretary) flagship event, which in 2018 was organised by Rahul // Rahul Bedi (Treasurer) STATEMENTS Bedi and his subcommittee . It was held at the National // Thomas Barrington-Smith Gallery again, and was a fantastic night with about // Emily Bowler 250 attendees . This event also continues to grow and attract young professionals from all different industries, // Sarah Boxall creating a fantastic opportunity for young lawyers to // Adrienne Davis grow their networks and have fun at the same time . // Amanda Di Placido Thanks must also go to our sponsors, TIMG (An // Alyssa Dunn Afternoon Rendezvous), Hays (Networking Drinks, // Adrien Hearne Christmas Garden Party, Speed Networking and Law // Angela Li Week Quiz Night), Chamberlains (Spring Wine Tasting) // Steven McMahon and Vincents (Young Professionals Ball) . We are very lucky that local companies are keen to engage with us // Rhys Mitchell and support us in what we do . // Deblina Mittra // Karena Pendergast I would like to thank all members of the committee for their ongoing dedication and hard work to making the // Kumu Samarakoon ACT a great place to be a Young Lawyer, as well as all // Monica Serci the people who attend our events . I would also like to // Mitchell Wright thank the ACT Law Society staff and the Council for their continual support which ensures we can facilitate amazing events and programs . Committees listed elsewhere in this report Young Lawyers Charity Each year the committee chooses a local charity to // Functions & Law Week (found under Our Members) support . In 2017, our charity was Lifeline Canberra, // Practice Management (found under Operations) Lifeline exists to support people in crisis and to save // Professional Conduct (found under Operations) the lives of those experiencing thoughts of suicide . We (through the generous support of young lawyers) raised $2,500 for Lifeline Canberra and this effort was coordinated by Rebecca Wheeler . The committee presented representatives of Lifeline Canberra with a giant cheque at the Christmas Garden Party in December 2017 . Lifeline Canberra was incredibly thankful for the donation . In 2018 we are supporting Orange Sky Laundry, and Deblina Mittra is this year’s charity coordinator . We held our dedicated charity fundraiser event at Pialligo Estate in February 2018, which was organised by Amanda Di Placido . It was very well attended, we received great feedback and we raised $1,950 for the charity . We raised a further $380 for the charity at the Young Professionals Ball in April 2018 . We are hopeful of being able to donate $5,000 to Orange Sky Laundry at the end of 2018 . In other charity activities, Mitchell Wright and his subcommittee organised the Quiz Night for Law Week, which raised funds for the Law Society’s charity, ADACAS . We will also be participating in the running of Mental Health Week, through organising the Touch Football Competition . —Lisa Sherman, Chair CO44 FINANCIAL COSTATEMENTS ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS GENERAL ACCOUNT

The Law Society of the ACT — General Account

Statement of Comprehensive Income

For the year ended 30 June 2018

Notes 2018 2017 $ $ Revenue 2 2,848,286 2,706,917 Audit fees (15,745) (15,650) Capitation fees (249,275) (238,603) Committee and executive working lunches (17,649) (16,048) Consultancy fees (8,000) (1,800) CTP Fair Comp campaign (20,000) – Depreciation expense 8 (73,212) (69,274) Employee benefits expense (1,166,545) (1,054,996) Ethos magazine expenses (33,319) (32,780) Functions (122,704) (168,886) Insurances (28,127) (29,305) IT maintenance and services (61,046) (48,748) Membership services (19,456) (10,464) Postage and couriers (35,335) (30,755) President’s allowance (111,218) (108,820) Printing and stationery (27,130) (28,078) Rent and related expenses (205,638) (201,673) Seminars (125,608) (102,111) Travel and accommodation (6,509) (11,788) Other expenses (107,080) (147,330) Profit for the year 414,690 389,808

Total comprehensive income 414,690 389,808

FS/2 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Statement of Financial Position

As at 30 June 2018

Notes 2018 2017 $ $

Current assets Cash and cash equivalents 4 2,932,622 2,972,382 Investments 5 1,450,000 900,000 Trade and other receivables 6 282,496 189,504 Inventory 7 42 135 Prepayments 60,672 48,808 Total current assets 4,725,832 4,110,829

Non-current assets Office furniture and equipment 8 419,050 477,982 Rental bond 54,287 54,287 Total non-current assets 473,337 532,269

Total assets 5,199,169 4,643,098

Current liabilities Trade and other payables 9 2,013,553 1,850,737 Provisions 10 217,713 192,060 Total current liabilities 2,231,266 2,042,797

Non-current liabilities Trade and other payables 9 406,832 442,908 Provisions 10 9,328 20,340 Total non-current liabilities 416,160 463,248

Total liabilities 2,647,426 2,506,045

Net assets 2,551,743 2,137,053

Equity Accumulated funds 2,551,743 2,137,053 Total equity 2,551,743 2,137,053

FS/3 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Statement of Changes in Equity

For the year ended 30 June 2018

Notes 2018 2017 $ $ Accumulated Funds Balance at the beginning of the financial year 2,137,053 1,747,245 Total comprehensive income for the year 414,690 389,808 Balance at the end of the financial year 2,551,743 2,137,053

Statement of Cash Flows

For the year ended 30 June 2018

Cash flows from operating activities Receipts from members and others 2,919,443 3,042,395 Payments to suppliers and employees (2,443,859) (2,267,127) Interest received 48,936 32,454 Net cash inflow/(outflow) from operating activities 524,520 807,722

Cash flows from investing activities Receipts/(payments) for investments (550,000) (186,386) Payments for office furniture and equipment (14,280) (51,880) Net cash inflow/(outflow) from investing activities (564,280) (238,266)

Net increase/(decrease) in cash and cash equivalents held (39,760) 569,456

Cash and cash equivalents at the beginning of the financial year 2,972,382 2,402,926

Cash and cash equivalents at the end of the financial year 4 2,932,622 2,972,382

FS/4 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Notes to the Financial Statements

For the year ended 30 June 2018

Note 1: Summary of Significant Accounting Policies The Law Society of the Australian Capital Territory (the Society) (c) Office Furniture and Equipment is a statutory body incorporated in the Australian Capital Territory Each class of office furniture and equipment is carried at cost or under the Legal Profession Act 2006 . fair value less, where applicable, any accumulated depreciation and impairment losses . These financial statements cover the Society as an individual not- for-profit entity, domiciled in Australia . Its registered office and Where a revaluation has been performed, any accumulated principal place of business is 1 Farrell Place, Canberra City ACT 2601 . depreciation at the date of the revaluation is eliminated against the gross carrying amount of the asset and the net amount is Basis of Preparation restated to the revalued amount of the asset . Reporting Basis and Conventions The carrying amount of office furniture and equipment is The financial statements are general purpose financial statements reviewed at the end of the reporting period to ensure it is not that have been prepared in accordance with Australian in excess of the recoverable amount from these assets . The Accounting Standards (Reduced Disclosure Requirements recoverable amount is assessed on the basis of the expected net of the Australian Accounting Standards Board), including cash flows that will be received from the assets’ employment and Australian Accounting Interpretations, and other authoritative subsequent disposal . The expected net cash flows have been pronouncements of the Australian Accounting Standards Board, discounted to their present values in determining recoverable and the requirements of the Legal Profession Act 2006 . amounts . A number of Australian Accounting Standards have been issued An asset’s carrying amount is written down immediately to its or amended prior to the date of these statements but are only recoverable amount if the asset’s carrying amount is greater than applicable to future reporting periods and accordingly have not its estimated recoverable amount . been applied in preparing these financial statements . On the Subsequent costs are included in the asset’s carrying amount or introduction of various standards there will be minor disclosure recognised as a separate asset, as appropriate, only when it is changes and operating leases will come ‘on balance sheet’ . probable that future economic benefits associated with the item Apart from this the Councillors are of the opinion that when the will flow to the Society and the cost of the item can be measured Accounting Standards are first applied there will be no material reliably . All other costs (eg . repairs and maintenance) are charged impact on the accounting policies of the Society and no material to the statement of comprehensive income during the financial impact on the statement of comprehensive income or statement period in which they are incurred . of financial position of the Society . Gains and losses on disposals are determined by comparing The financial statements have been prepared on an accruals basis proceeds with the carrying amount . These gains and losses and are based on historical costs modified by the revaluation of are included in the statement of comprehensive income . When selected non-current assets, and financial assets and financial revalued assets are sold, amounts included in the revaluation liabilities for which the fair value basis of accounting has been reserve relating to that asset are transferred to retained earnings . applied . The functional and presentation currency of the Society is Australian dollars . The amounts presented in the financial (d) Depreciation statements have been rounded to the nearest dollar . The depreciable amount of all fixed assets is depreciated on a straight-line basis over their useful lives to the Society The following is a summary of the material accounting policies commencing from the time the asset is held ready for use . adopted in the preparation of the financial statements . The Leasehold improvements are depreciated over the shorter of accounting policies have been consistently applied, unless either the unexpired period of the lease or the estimated useful otherwise stated . lives of the improvements . The expected useful lives are as follows: Accounting Policies Office furniture and equipment— ­ 3–15 years . (a) Income Tax The Society is exempt from income tax under section 50-25 of (e) Financial Instruments the Income Tax Assessment Act 1997 . Recognition Financial instruments are initially measured at cost on trade date, (b) Inventory which includes transaction costs, when the related contractual Inventories are measured at the lower of cost and net realisable rights or obligations exist . Subsequent to initial recognition these value . Costs are assigned on a specific identification basis and instruments are measured as set out below . include direct costs and appropriate overheads, if any . Costs are assigned on the basis of the First In First Out (FIFO) method .

FS/5 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Financial assets at fair value through profit and loss Revenue from practicing certificates is recognised in the year to A financial asset is classified in this category if acquired principally which the fees relate . for the purpose of selling in the short term or if so designated Interest revenue is recognised on a proportional basis taking into by management . Gains and losses arising from changes in account the interest rates applicable to the financial assets . the fair value of these assets are included in the statement of comprehensive income in the period in which they arise . All revenue is stated net of the amount of goods and services tax (GST) . Loans and receivables Loans and receivables are financial assets with fixed or (k) Goods and Services Tax (GST) determinable payments and are stated at amortised cost using Revenues, expenses and assets are recognised net of the the effective interest rate method . amount of GST, except where the amount of GST incurred is not recoverable from the Australian Taxation Office . In these Held-to-maturity investments circumstances the GST is recognised as part of the cost of These investments have fixed maturities, and it is the intention acquisition of the asset or as part of an item of the expense . to hold these investments to maturity . Any held-to-maturity Receivables and payables in the statement of financial position investments held are stated at amortised cost using the effective are shown inclusive of the GST . interest rate method . Cash flows are presented in the statement of cash flows on a Available-for-sale financial assets gross basis, except for the GST component of investing and Available-for-sale financial assets include any financial assets financing activities, which are disclosed as operating cash flows . not included in the above categories . Available-for-sale financial assets are reflected at fair value . Unrealised gains and losses (l) Employee Benefits arising from changes in fair value are taken directly to equity . Provision is made for the liability for employee benefits arising from services rendered by employees to balance date . The Financial liabilities benefits due to be settled within one year to employees for their Financial liabilities are recognised at amortised cost, comprising entitlements have been measured at the amounts expected to original debt less principal payments and amortisation . be paid including on-costs and are disclosed as current liabilities . Impairment Employee benefits payable later than one year are measured At each reporting date, an assessment is made whether there is at the present value of the estimated future cash outflows to objective evidence that a financial instrument has been impaired . be made in respect of those benefits . In calculating the present In the case of available-for-sale financial instruments, a prolonged value of future cash flows in respect of long service leave, the decline in the value of the instrument is considered to determine probability of long service leave being taken is based upon whether impairment has arisen . Impairment losses are recognised historical data . in the statement of comprehensive income . (m) Provisions (f) Investments Provisions are recognised when the Society has a legal or Investments in bank bills and deposits are brought to account constructive obligation as a result of past events, for which it is at cost and interest income is recognised in the statement of probable that an outflow of economic benefits will result and that comprehensive income when receivable . the outflow can be reliably measured .

(g) Cash and Cash Equivalents (n) Comparative Figures Cash and cash equivalents include cash on hand, deposits held Comparative figures have been adjusted, where necessary, to at call with banks and other short term highly liquid investments conform to changes in presentation for the current financial year . with original maturities of three months or less . Critical Accounting Estimates and Judgements (h) Trade and Other Receivables All trade debtors are recognised at the amounts receivable as The Councillors evaluate estimates and judgements incorporated they are due for settlement no more than 120 days from the date into the financial statements based on historical knowledge and of recognition . Collectability of trade debtors is reviewed on an best available current information . Estimates assume a reasonable ongoing basis . expectation of future events and are based on current trends and economic data, obtained both externally and within the Society . (i) Trade and Other Payables These amounts represent liabilities for goods and services The Councillors do not believe that there were any key estimates provided to the Society prior to the end of the financial year and or key judgements used in the development of the financial which were unpaid . The amounts are unsecured and are usually statements that give rise to a significant risk of material paid within 30 days of recognition . adjustment in the future .

(j) Revenue Revenue is recognised to the extent that it is probable that the economic benefits will flow to the entity and the revenue can be reliably measured .

FS/6 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Note 2: Revenue

2018 2017 $ $ Revenue from operating activities Practising certificate fees 1,490,233 1,385,267 Members’ subscriptions 17,311 17,907 Capitation fees 252,224 239,400 Certificates of good standing 14,200 14,100 Ethos advertising and subscriptions 8,254 12,914 Functions 107,142 163,887 Profit on standard forms 111,285 94,072 Project Officer contributions – 7,497 Reimbursement of expenses Statutory Interest Account — administration* 96,594 82,238 Statutory Interest Account — Legal Advice Bureau* 40,667 39,852 Statutory Interest Account — professional standards* 121,811 121,708 Solicitors’ Fidelity Fund of the Australian Capital Territory — administration* 53,178 45,780 Settlements Office contributions 69,342 66,104 Seminar income Continuing Professional Development 279,889 235,200 Practice management courses 69,285 75,537 2,731,415 2,601,463

Revenue from outside the operating activities Interest 54,633 44,752 Miscellaneous income 26,683 28,054 Sponsorship 35,555 32,648 116,871 105,454

2,848,286 2,706,917

Note 3: Profit for the Year

Included in the profit for the year are the following specific items of expenditure: Rental payments on operating lease (185,754) (182,785) Superannuation contributions (106,724) (97,233) Loss on disposal of assets – (333)

* These amounts are received from entities managed and administered by the Society under the Legal Profession Act 2006 .

FS/7 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

2018 2017 $ $ Note 4: Cash and Cash Equivalents

Cash on hand 300 300 Cash at bank — Law Society General Acc 2,907,353 2,953,897 Undeposited funds 2,054 4,593 2,909,707 2,958,790

Cash at bank — Compensation Rights Acc 22,915 13,592 2,932,622 2,972,382

Note 5: Investments

Held-to-Maturity Investments* Commonwealth Bank – 250,000 National Australia Bank 500,000 350,000 Westpac Bank 950,000 300,000 1,450,000 900,000

Note 6: Trade and Other Receivables

Trade debtors 213,738 120,514 Deposits paid – 9,902 Accrued interest receivable 26,411 20,713 Other accrued income 30,739 30,545 GST refund receivable 11,608 7,830 282,496 189,504

Note 7: Inventory

Contracts for sale 42 15 Tenancy agreements – 120 42 135

* These deposits have maturities of 7 to 12 months from the date of their deposit .

FS/8 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

2018 2017 $ $ Note 8: Office Furniture and Equipment

Office furniture and equipment At cost 701,068 688,305 Less: accumulated depreciation (282,018) (210,323) Total office furniture and equipment 419,050 477,982

Reconciliation A reconciliation of the carrying amount at the beginning and end of the current financial year is set out below .

Office furniture and equipment Carrying amount at the beginning of the year 477,982 495,709 Additions 14,280 51,880 Disposals – (333) Depreciation expense (73,212) (69,274) Carrying amount at the end of the year 419,050 477,982

Note 9: Trade and Other Payables

Current Subscriptions and other income in advance 1,762,254 1,659,638 Accruals 61,755 48,102 Payable — Solicitors’ Fidelity Fund of the Australian Capital Territory 63,000 56,905 Fair Comp Compensation Rights account 22,915 13,592 Young Lawyers funds 25,349 18,444 Trade creditors 78,280 54,056 2,013,553 1,850,737

Non-Current Lease incentive liability 406,832 442,908 Total liabilities 2,420,385 2,293,645

Note 10: Provisions

Current* Provision for annual leave 102,312 102,161 Provision for long service leave 115,401 89,899 217,713 192,060

Non-Current Provision for long service leave 9,328 20,340

* There is no known current long service leave expected to be settled within 12 months of the end of the financial year . .

FS/9 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Notes 2018 2017 $ $ Note 11: Financial Risk Management The accounting policies and terms and conditions of each class of financial asset and financial liability at the end of the reporting period are consistent with those regularly adopted by businesses in Australia . The Society’s financial instruments consist mainly of deposits with banks, accounts receivable and payables . The entity is not subject to any significant liquidity, credit or interest rate risk . The totals for each category of financial instrument, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:

Financial Assets Cash and cash equivalents 4 2,932,622 2,972,382 Held-to-maturity investments 5 1,450,000 900,000 Loans and receivables 6 282,496 181,674 Total Financial Assets 4,665,118 4,054,056

Financial Liabilities Trade and other payables 9 2,013,553 1,850,737 Total Financial Liabilities 2,013,553 1,850,737

Net Fair Values Financial assets and liabilities are carried at their net fair value at the end of the reporting period . The carrying values of financial assets and financial liabilities approximate their net fair values due to their short terms of maturity or market interest rates . No financial assets or financial liabilities are traded on organised markets in standard form .

Note 12: Remuneration of Auditors*

Audit of the Society’s financial statements 10,945 10,850 Audit of Statutory Deposits Trust Account 1,775 1,775 Audit of Statutory Interest Account 3,025 3,025 Audit of Solicitors’ Fidelity Fund 3,025 3,025 18,770 18,675

* No other benefits were received by the auditors .

FS/10 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

2018 2017 $ $ Note 13: Leasing Commitments

Lease commitments Commitments in relation to non-cancellable operating leases contracted for at the reporting date, payable: Within one year* 218,445 212,082 Later than one year but not later than 5 years* 941,309 913,892 Later than 5 years 403,513 649,374 1,563,267 1,775,348

Note 14: Legislation The Society is constituted under the Legal Profession Act 2006 . Pursuant to that Act the Society is responsible for operating and maintaining the following fund and accounts: • The Solicitors’ Fidelity Fund of the Australian Capital Territory; • The Statutory Deposits Trust Account; and • The Statutory Interest Account .

* The Society’s current 10 year lease was signed effective 1 February 2015 expiring 31 January 2025, with an option for another 5 years . The overall cost of the lease is accounted for on a straight-line basis for the term of the lease .

FS/11 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Note 15: Compensation Rights Account Funds are held in a separate cheque account . These funds are held by the Society on behalf of the contributing legal practices and disbursed under the direction of the CTP Committee . The Society does not separately record revenues or expenses in its statement of comprehensive income in relation to these funds . Funds received are held as a liability to meet future expenses . Assets and liabilities relating to the Fair Comp Campaign are as follows:

Notes 2018 2017 $ $ Financial Assets Cash and cash equivalents Compensation Rights Account 4 22,915 13,592 Total Financial Assets 22,915 13,592

Financial Liabilities Trade and other payables 9 22,915 13,592 Total Financial Liabilities 22,915 13,592

Receipts and payments relating to the Fair Comp Campaign during the year were as follows:

Receipts 193,986 2,957 Payments (184,663) (31,427) Net receipts/(payments) 9,323 (28,470)

Reconciliation A reconciliation of the unexpended funds held at the beginning and end of the current financial year is set out below. Unexpended Funds Carrying amount at the beginning of the year 13,592 42,062 Net receipts/(payments) during the year 9,323 (28,470) Carrying amount at the end of the year 22,915 13,592

FS/12 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Note 16: Related Parties The names of persons who were members of the Council of the Law Society of the Australian Capital Territory for any part of the year are as follows: Ms S Avery President Mr M Hockridge Immediate Past President Ms L E Vardanega PSM Secretary Mr V Sundar Treasurer Mr C Painter Vice President Mr P Cain Vice President from 22 September 2017 General Councillor to 22 September 2017 Mr C Donohue Vice President to 22 September 2017 Mr G Lee Mr G Marques Mr M Carmody From 22 September 2017 Mr M Carrick From 22 September 2017 Ms E Carroll From 22 September 2017 Mr P Edmonds From 22 September 2017 Ms S Khan From 22 September 2017 Ms S Leslie From 22 September 2017 Ms S Platis From 22 September 2017 Mr C Deans From 19 December 2017 Ms V Bradley To 11 December 2017 Ms C Coles To 22 September 2017 Ms A Eager To 22 September 2017 Mr R Hambly To 22 September 2017 Ms B McNeil To 22 September 2017 Mr P Schubert To 22 September 2017 Mr A Bucknell To 22 September 2017 Councillors and their related entities transact with the Society from time to time on normal terms and conditions that are no more favourable than those available to others . The types of transactions include practicing certificate fees, capitation fees, subscriptions, functions, seminars, courses and the sale of standard forms . During the year the Society paid professional fees to Councillors or their Councillor-related entities within a normal client-solicitor relationship on terms and conditions no more favourable than those which it is reasonable to expect would have been adopted if dealing with the Councillors or their Councillor-related entities at arm’s length in the same circumstances . The President receives an allowance for the services provided to the Society . This allowance is included in key management personnel compensation below . No other member of council receives any remuneration from the Law Society of the Australian Capital Territory or a related entity . During the year the Society paid $4,075 (2017: $3,044) in premiums for Councillors and Officers liability insurance .

FS/13 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Note 17: Key Management Personnel Compensation Key management personnel are those persons having authority and responsibility for planning, directing and controlling the activities of the Society, directly or indirectly, including any Councillor (whether executive or otherwise) of the Society .

2018 2017 $ $ Total key management personnel compensation 328,883 320,095

Note 18: Events After the Balance Date These financial statements were authorised for issue by the Councillors on the date of signing the attached Councillors’ Declaration . The Councillors have the power to amend the financial statements after they are issued . There are no other events after the balance date which require amendment of, or further disclosure in, the financial statements .

Note 19: Contingent Liabilities and Contingent Assets There are no contingent liabilities or contingent assets at the end of the financial year .

FS/14 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Councillors’ Declaration

For the year ended 30 June 2018

The Councillors declare that the financial statements and notes set out on pages 2 to 14: (a) comply with Australian Accounting Standards — Reduced Disclosure Requirements and other mandatory professional reporting requirements; and (b) present fairly the Society’s financial position as at 30 June 2018 and its performance, as represented by the results of its operations and its cash flows, for the financial year ended on that date . In the Councillors’ opinion: (a) the financial statements and notes are in accordance with the requirements of the Legal Profession Act 2006; and (b) there are reasonable grounds to believe that the Society will be able to pay its debts as and when they become due and payable . This declaration is made in accordance with a resolution of the Councillors .

______Councillor Councillor 20 August 2018 20 August 2018

FS/15 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/16 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/17 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS STATUTORY DEPOSITS

Statutory Deposits Trust Account

Statement of Comprehensive Income

For the year ended 30 June 2018

Notes 2018 2017 $ $ Revenue – – Net surplus / (deficit) – – Total comprehensive income for the year – –

Statement of Financial Position

As at 30 June 2018

Current assets Cash and cash equivalents 2 14,681,077 6,967,803 Investments 3 34,100,000 26,553,033 Total current assets 48,781,077 33,520,836

Total assets 48,781,077 33,520,836

Current liabilities Trade and other payables 4 48,781,077 33,520,836 Total current liabilities 48,781,077 33,520,836

Total liabilities 48,781,077 33,520,836

Net assets – –

Equity Accumulated Funds – – Total equity – –

FS/18 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Statement of Changes in Equity

For the year ended 30 June 2018

Notes 2018 2017 $ $ Balance at the beginning of the year – – Changes during the year – –

Balance at the end of the year – –

Statement of Cash Flows

For the year ended 30 June 2018

Cash flows from investing activities Net interest received/(transferred) to Statutory Interest Account – (21,113) Proceeds from investments 25,153,033 19,850,000 Payments for investments (32,700,000) (26,000,000) Net cash inflow/(outflow) from investing activities (7,546,967) (6,171,113)

Cash flows from financing activities Proceeds from statutory deposits 23,970,298 11,343,703 Repayments of statutory deposits (8,710,057) (4,719,379) Net cash inflow/(outflow) from financing activities 15,260,241 6,624,324

Net increase/(decrease) in cash and cash equivalents held 7,713,274 453,211

Cash and cash equivalents at the beginning of the financial year 6,967,803 6,514,592

Cash and cash equivalents at the end of the financial year 2 14,681,077 6,967,803

FS/19 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Notes to the Financial Statements

For the year ended 30 June 2018

Note 1: Summary of Significant Accounting Policies These financial statements cover The Law Society of the rights or obligations exist . Subsequent to initial recognition these Australian Capital Territory Statutory Deposits Trust Account (the instruments are measured as set out below . Trust Account) as an individual not-for-profit entity, domiciled in Australia . Its registered office and principal place of business is Financial assets at fair value through profit and loss 1 Farrell Place, Canberra City ACT 2601 . A financial asset is classified in this category if acquired principally for the purpose of selling in the short term or if so designated by management and within the requirements of AASB 139 Financial Basis of Preparation Instruments: Recognition and Measurement . Gains and losses arising Reporting Basis and Conventions from changes in the fair value of these assets are included in the The financial statements are general purpose financial statements statement of comprehensive income in the period in which they arise . that have been prepared in accordance with Australian Loans and receivables Accounting Standards (Reduced Disclosure Requirements Loans and receivables are financial assets with fixed or of the Australian Accounting Standards Board), including determinable payments and are stated at amortised cost using Australian Accounting Interpretations, and other authoritative the effective interest rate method . pronouncements of the Australian Accounting Standards Board, and the requirements of the Legal Profession Act 2006 . Held-to-maturity investments A number of new or revised Australian Accounting Standards These investments have fixed maturities, and it is the intention are effective for the first time in the current financial year . These to hold these investments to maturity . Any held-to-maturity standards have had no material impact on the entity . investments held are stated at amortised cost using the effective interest rate method . The financial statements have been prepared on an accruals basis and are based on historical costs modified by the revaluation of Available-for-sale financial assets selected non-current assets, and financial assets and financial Available-for-sale financial assets include any financial assets liabilities for which the fair value basis of accounting has been not included in the above categories . Available-for-sale financial applied . The functional and presentation currency of the Trust assets are reflected at fair value . Unrealised gains and losses Account is Australian dollars . The amounts presented in the arising from changes in fair value are taken directly to equity . financial statements have been rounded to the nearest dollar . Financial Liabilities The following is a summary of the material accounting policies Financial liabilities are recognised at amortised cost, comprising adopted in the preparation of the financial statements . The original debt less principal payments and amortisation . accounting policies have been consistently applied, unless Impairment otherwise stated . At each reporting date, an assessment is made of whether there is objective evidence that a financial instrument has been impaired . Accounting Policies In the case of available-for-sale financial instruments, a prolonged (a) Income Tax decline in the value of the instrument is considered to determine The Trust Account is exempt from income tax under relevant whether impairment has arisen . Impairment losses are recognised provisions of the Income Tax Assessment Act 1997 . in the statement of comprehensive income .

(b) Cash and Cash Equivalents (f) Comparatives Cash and cash equivalents include cash on hand, deposits held Where required by Accounting Standards, comparative figures at call with banks and other short term highly liquid investments have been adjusted to conform to changes in presentation for the with original maturities of three months or less . current financial year .

(c) Investments Critical Accounting Estimates and Judgements Investments in term deposits are brought to account at cost . The Councillors evaluate estimates and judgments incorporated Interest income is transferred to the Statutory Interest Account in into the financial statements based on historical knowledge and accordance with the Legal Profession Act 2006 . best available current information . Estimates assume a reasonable expectation of future events and are based on current trends and (d) Monies Deposited by Solicitors economic data, obtained both externally and within the Trust Monies deposited by solicitors are recognised as a liability upon Account . receipt . Amounts are repayable in accordance with the Legal The Councillors do not believe that there were any key estimates Profession Act 2006 . or key judgements used in the development of the financial (e) Financial Instruments statements that give rise to a significant risk of material Recognition adjustment in the future . Financial instruments are initially measured at cost on trade date, which includes transaction costs, when the related contractual

FS/20 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

2018 2017 $ $ Note 2: Cash and Cash Equivalents

Cash at bank 14,481,077 6,767,803 Cash at bank — AMP Saver Account 200,000 200,000 14,681,077 6,967,803

Note 3: Investments

Held-to-Maturity Investments* AMP Bank 2,500,000 3,000,000 Bank of Qld – 2,000,000 Bendigo Bank 2,500,000 1,000,000 Commonwealth Bank 500,000 – ING – 1,000,000 ME Bank 1,000,000 – National Australia Bank 500,000 4,350,000 Rural Bank 3,000,000 – Suncorp Bank 5,200,000 6,900,000 Westpac 18,900,000 8,303,033 34,100,000 26,553,033

Note 4: Trade and Other Payables

Monies deposited by solicitors 48,781,077 33,520,836 48,781,077 33,520,836

Note 5: Legislation The Statutory Deposits Trust Account is maintained by the Law Society of the Australian Capital Territory, a related entity, in accordance with section 253 of the Legal Profession Act 2006 . Interest income earned on interest bearing deposits held by the Statutory Deposits Trust Account is credited as income of the Statutory Interest Account . The Trust Account has no employees .

Note 6: Remuneration of Auditors Audit fees of $1,775 (2017: $1,775) were ultimately paid by the Statutory Interest Account on behalf of the Statutory Deposits Trust Account .

* These deposits have maturities of 7 to 18 months from the date of their deposit .

FS/21 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Note 7: Financial Risk Management The accounting policies and terms and conditions of each class of financial asset and financial liability at the end of the reporting period are consistent with those regularly adopted by businesses in Australia . The Society’s financial instruments consist mainly of deposits with banks, accounts receivable and payables . The entity is not subject to any significant liquidity, credit or interest rate risk . The totals for each category of financial instrument, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:

Notes 2018 2017 $ $ Financial Assets Cash and cash equivalents 2 14,681,077 6,967,803 Held-to-maturity investments 3 34,100,000 26,553,033 Total Financial Assets 48,781,077 33,520,836

Financial Liabilities Trade and other payables 4 48,781,077 33,520,836 Total Financial Liabilities 48,781,077 33,520,836

Net Fair Values Financial assets and liabilities are carried at their net fair value at the end of the reporting period . The carrying values of financial assets and financial liabilities approximate their net fair values due to their short terms of maturity or market interest rates . No financial assets or financial liabilities are traded on organised markets in standard form .

Note 8: Contingent Liabilities and Contingent Assets There are no contingent liabilities or contingent assets at the end of the financial year .

Note 9: Events After the Balance Date These financial statements were authorised for issue by the Councillors on the date of signing the attached Councillors’ Declaration . The Councillors have the power to amend the financial statements after they are issued . There are no other events after the balance date which require amendment of, or further disclosure in, the financial statements .

FS/22 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Councillors’ Declaration

For the year ended 30 June 2018

The Councillors declare that the financial statements and notes set out on pages 18 to 22: (a) comply with Australian Accounting Standards — Reduced Disclosure Requirements and other mandatory professional reporting requirements; and (b) present fairly the Society’s financial position as at 30 June 2018 and its performance, as represented by the results of its operations and its cash flows, for the financial year ended on that date . In the Councillors’ opinion: (a) the financial statements and notes are in accordance with the requirements of the Legal Profession Act 2006; and (b) there are reasonable grounds to believe that the Society will be able to pay its debts as and when they become due and payable . This declaration is made in accordance with a resolution of the Councillors .

______Councillor Councillor 20 August 2018 20 August 2018

FS/23 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/24 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/25 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS STATUTORY INTEREST

The Statutory Interest Account

Statement of Comprehensive Income

For the year ended 30 June 2018

Notes 2018 2017 $ $ Revenue 2 2,797,662 2,700,074

Expenses Law Society of the Australian Capital Territory — reimbursement of administration expenses (96,594) (82,238) Disciplinary legal costs and other legal costs (1,058,823) (1,420,194) Legal Advice Bureau operating costs 8 (42,287) (41,335) Professional Standards Office costs (122,929) (122,810) Surplus before disbursements 1,477,029 1,033,497

Proposed disbursements under s253 (1,477,000) (1,033,400) Surplus/(deficit) for the year 29 97

Total comprehensive income 29 97

FS/26 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Statement of Financial Position

As at 30 June 2018

Notes 2018 2017 $ $ Current assets Cash and cash equivalents 3 1,220,015 953,571 Investments 4 1,400,000 1,300,000 Trade and other receivables 5 664,504 603,117 Total current assets 3,284,519 2,856,688

Non-current assets Other receivables 5 – – Total assets 3,284,519 2,856,688

Current liabilities Trade and other payables 6 131,117 146,915 Provisions 7 1,477,000 1,033,400 Total current liabilities 1,608,117 1,180,315

Total non-current liabilities – –

Total liabilities 1,608,117 1,180,315

Net assets 1,676,402 1,676,373

Equity Accumulated funds 1,676,402 1,676,373 Total equity 1,676,402 1,676,373

Statement of Changes in Equity

For the Year Ended 30 June 2018

Accumulated funds Balance at the beginning of the financial year 1,676,373 1,676,276 Surplus/(deficit) for the year 29 97

Balance at the end of the financial year 1,676,402 1,676,373

FS/27 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Statement of Cash Flows

For the Year Ended 30 June 2018

Notes 2018 2017 $ $ Cash flows from operating activities Recovered disciplinary legal costs and fines imposed 217,462 292,223 Miscellaneous receipts & GST refunds 194,100 185,890 Disbursements and other operating payments (1,516,996) (1,933,771) Interest 2,505,278 2,179,132 Net cash inflow/(outflow) from operating activities 1,399,844 723,474

Cash flows from investing activities Payments for investments (100,000) – Net cash inflow/(outflow) from investing activities (100,000) –

Cash flows from financing activities Section 253 disbursements 9 (1,033,400) (823,000) Net cash inflow/(outflow) from financing activities (1,033,400) (823,000)

Net increase/(decrease) in cash and cash equivalents held 266,444 (99,526)

Cash and cash equivalents at the beginning of the financial year 953,571 1,053,097

Cash and cash equivalents at the end of the financial year 3 1,220,015 953,571

Notes to the Financial Statements

For the year ended 30 June 2018

Note 1: Summary of Significant Accounting Policies These financial statements cover The Law Society of the The financial statements have been prepared on an accruals basis Australian Capital Territory Statutory Interest Account (the and are based on historical costs modified by the revaluation of Account) as an individual not-for-profit entity, domiciled in selected non-current assets, and financial assets and financial Australia . Its registered office and principal place of business is liabilities for which the fair value basis of accounting has been 1 Farrell Place, Canberra City ACT 2601 . applied . The functional and presentation currency of the Account is Australian dollars . The amounts presented in the financial Basis of Preparation statements have been rounded to the nearest dollar . Reporting Basis and Conventions The following is a summary of the material accounting policies The financial statements are general purpose financial statements adopted in the preparation of the financial statements . The that have been prepared in accordance with Australian accounting policies have been consistently applied, unless Accounting Standards (Reduced Disclosure Requirements otherwise stated . of the Australian Accounting Standards Board), including Australian Accounting Interpretations, and other authoritative pronouncements of the Australian Accounting Standards Board, Accounting Policies and the requirements of the Legal Profession Act 2006 . (a) Income Tax The Account is exempt from income tax under relevant provisions A number of new or revised Australian Accounting Standards of the Income Tax Assessment Act 1997 . are effective for the first time in the current financial year . These standards have had no material impact on the entity .

FS/28 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

(b) Cash and Cash Equivalents Held-to-maturity investments Cash and cash equivalents include cash on hand, deposits held These investments have fixed maturities, and it is the intention at call with banks and other short term highly liquid investments to hold these investments to maturity . Any held-to-maturity with original maturities of three months or less . investments held are stated at amortised cost using the effective interest rate method . (c) Investments Investments in term deposits are brought to account at cost and Available-for-sale financial assets interest income is recognised in the statement of comprehensive Available-for-sale financial assets include any financial assets income when receivable . not included in the above categories . Available-for-sale financial assets are reflected at fair value . Unrealised gains and losses (d) Revenue Recognition arising from changes in fair value are taken directly to equity . Interest revenue is recognised on a proportional basis taking into account the interest rates applicable to the financial assets . Financial liabilities Financial liabilities are recognised at amortised cost, comprising (e) Goods and Services Tax (GST) original debt less principal payments and amortisation . Revenues, expenses and assets are recognised net of the amount of GST, except where the amount of GST incurred is Impairment not recoverable from the Australian Taxation Office . In these At each reporting date, an assessment is made of whether there is circumstances the GST is recognised as part of the cost of objective evidence that a financial instrument has been impaired . acquisition of the asset or as part of an item of the expense . In the case of available-for-sale financial instruments, a prolonged decline in the value of the instrument is considered to determine Cash flows are presented in the statement of cash flows on a whether impairment has arisen . Impairment losses are recognised gross basis, except for the GST component of investing and in the statement of comprehensive income . financing activities, which are disclosed as operating cash flows . (g) Comparatives (f) Financial Instruments Where required by Accounting Standards, comparative figures Recognition have been adjusted to conform to changes in presentation for the Financial instruments are initially measured at cost on trade date, current financial year . which includes transaction costs, when the related contractual rights or obligations exist . Subsequent to initial recognition these instruments are measured as set out below . Critical Accounting Estimates and Judgements The Councillors evaluate estimates and judgements incorporated Financial assets at fair value through profit and loss into the financial statements based on historical knowledge and A financial asset is classified in this category if acquired principally best available current information . Estimates assume a reasonable for the purpose of selling in the short term or if so designated by expectation of future events and are based on current trends and management and within the requirements of AASB 139 Financial economic data, obtained both externally and within the Account . Instruments: Recognition and Measurement . Gains and losses arising from changes in the fair value of these assets are included The Councillors do not believe that there were any key estimates in the statement of comprehensive income in the period in which or key judgements used in the development of the financial they arise . statements that give rise to a significant risk of material adjustment in the future . Loans and receivables Loans and receivables are financial assets with fixed or determinable payments and are stated at amortised cost using the effective interest rate method .

2018 2017 $ $ Note 2: Revenue

Interest on investments by the Statutory Interest Account 45,733 47,284 Interest on investments by the Statutory Deposits Account 812,982 737,336 Interest on Solicitors’ Trust Accounts 1,710,123 1,602,923 Recovered disciplinary costs and fines 228,824 312,531 2,797,662 2,700,074

FS/29 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

2018 2017 $ $ Note 3: Cash and Cash Equivalents

Cash at bank 1,220,015 953,571

Note 4: Investments

Held-to-Maturity Investments* AMP – 900,000 National Australia Bank – 400,000 Westpac 1,400,000 – 1,400,000 1,300,000

Note 5: Trade and Other Receivables

Current Accrued interest Investments 360,581 358,100 Solicitors’ Trust Accounts 160,849 155,532 Other 55,762 – 577,192 513,632

Debtors 102,443 26,000 Provision for doubtful debts (65,081) – Prepayments 2,148 2,018 GST receivable 47,802 61,467 87,312 603,117

Non-current Debtors 71,419 – Provision for doubtful debts (71,419) – – –

664,504 603,117

Note 6: Trade And Other Payables

Sundry creditors and accruals 131,117 146,915

* These deposits have maturities of 9 to 12 months from the date of their deposit .

FS/30 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

2018 2017 $ $ Note 7: Provisions — Current The Account will invite submissions for disbursements from the Statutory Interest Account under s253(4) of the Legal Profession Act 2006, as well as allocating a component to the Solicitors’ Fidelity Fund .

Proposed disbursements 1,477,000 1,033,400

Note 8: Legal Advice Bureau Operating Costs

Cleaning 935 888 Depreciation 1,155 1,155 Electricity 248 203 Insurance 245 245 Publications and subscriptions 1,620 1,483 Rental of premises 8,450 8,450 Salaries and superannuation 29,634 28,911 42,287 41,335

Note 9: Disbursements Disbursements made from the Statutory Interest Account under s253(4) of the Legal Profession Act 2006 were:

Canberra Community Law 76,800 79,008 Care Inc (Consumer Law) 14,400 14,814 Environmental Defender’s Office 14,400 14,814 Legal Aid Commission (ACT) 612,269 671,568 Women’s Legal Centre 82,131 42,796 800,000 823,000

Disbursement to the Solicitor’s Fidelity Fund 233,400 – 1,033,400 823,000

FS/31 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Note 10: Financial Risk Management The accounting policies and terms and conditions of each class of financial asset and financial liability at the end of the reporting period are consistent with those regularly adopted by businesses in Australia . The Account’s financial instruments consist mainly of deposits with banks, accounts receivable and payables . The entity is not subject to any significant liquidity or credit risk . Interest rate risk is managed by the Account reviewing the interest rate profile, current interest rates and the market outlook, and taking action as necessary to ensure that risk levels are maintained at a satisfactory level for its own cash and investments . A 1% movement in interest rates across the Account’s cash and investments, and the cash and investments of the Statutory Deposits Account and solicitors’ trust accounts would have a significant impact on profit and equity, however it is not practical to quantify the impact given the variables involved . Movements in the amounts held by Solicitors in their trust accounts can also have a significant impact on interest received by the Account . A number of the variables associated with interest risk are not able to be influenced by the Account . The totals for each category of financial instrument, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:

Notes 2018 2017 $ $ Financial Assets Cash and cash equivalents 3 1,220,015 953,571 Held-to-maturity investments 4 1,400,000 1,300,000 Loans & receivables 5 616,702 541,650 Total Financial Assets 3,236,717 2,795,221

Financial Liabilities Trade and other payables 6 131,117 146,915 Total Financial Liabilities 131,117 146,915

Net Fair Values Financial assets and liabilities are carried at their net fair value at the end of the reporting period . The carrying values of financial assets and financial liabilities approximate their net fair values due to their short terms of maturity or market interest rates . No financial assets or financial liabilities are traded on organised markets in standard form .

Note 11: Contingent Assets Note 14: Remuneration of Auditors The Account continues to seek recovery of certain disciplinary Audit fees of $3,025 (2017: $3,025) were ultimately paid by the costs . At the present time the amount of the recovery is uncertain . Statutory Interest Account .

Note 12: Contingent Liabilities Note 15: Events After the Balance Date There are no contingent liabilities at the end of the financial year . These financial statements were authorised for issue by the Councillors on the date of signing the attached Councillors’ Declaration . The Councillors have the power to amend the financial statements after they are issued . Note 13: Legislation There are no other events after the balance date which require amendment of, or further disclosure in, the financial statements . The Statutory Interest Account is maintained by the Law Society of the Australian Capital Territory, a related party, in accordance with s253 of the Legal Profession Act 2006 . Under the Act, interest on solicitors’ trust accounts and investments by the Statutory Deposits Trust Account are deposited into the Statutory Interest Account .

FS/32 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Councillors’ Declaration

For the year ended 30 June 2018

The Councillors declare that the financial statements and notes set out on pages 26 to 32: (a) comply with Australian Accounting Standards — Reduced Disclosure Requirements and other mandatory professional reporting requirements; and (b) present fairly the Society’s financial position as at 30 June 2018 and its performance, as represented by the results of its operations and its cash flows, for the financial year ended on that date . In the Councillors’ opinion: (a) the financial statements and notes are in accordance with the requirements of the Legal Profession Act 2006; and (b) there are reasonable grounds to believe that the Society will be able to pay its debts as and when they become due and payable . This declaration is made in accordance with a resolution of the Councillors .

______Councillor Councillor 20 August 2018 20 August 2018

FS/33 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/34 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/35 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS FIDELITY FUND

The Solicitors’ Fidelity Fund of the ACT

Statement of Comprehensive Income

For the Year Ended 30 June 2018

Notes 2018 2017 $ $ Revenue 2 560,069 261,779 Audit fees (3,025) (3,025) Administration expenses (53,178) (45,780) Investigations, examinations, legal and managers’ costs (161,493) (111,755) Random inspections expenses (108,980) (110,635) Surplus / (deficit) for the year 233,393 (9,416)

Total comprehensive income for the year 233,393 (9,416)

FS/36 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Statement of Financial Position

As at 30 June 2018

Notes 2018 2017 $ $ Current assets Cash and cash equivalents 3 379,156 134,588 Investments 4 4,902,994 5,002,995 Trade and other receivables 5 232,261 190,518 Total current assets 5,514,411 5,328,101

Total assets 5,560,790 5,328,101

Current liabilities Trade and other payables 6 73,332 120,415 Total current liabilities 73,332 120,415

Total liabilities 73,332 120,415

Net assets 5,441,079 5,207,686

Equity Accumulated funds 5,441,079 5,207,686 Total equity 5,441,079 5,207,686

FS/37 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Statement of Changes in Equity

For The Year Ended 30 June 2018

Notes 2018 2017 $ $ Accumulated Funds Balance at the beginning of the financial year 5,207,686 5,217,102 Total comprehensive income for the year 233,393 (9,416)

Balance at the end of the financial year 5,441,079 5,207,686

Statement of Cash Flows

For the Year Ended 30 June 2018

Cash flows from operating activities Receipts from contributions 340,992 57,821 Recoveries & GST refunds 42,459 22,773 Payments to suppliers and others (411,528) (235,612) Interest received 172,644 117,391 Net cash inflow/(outflow) from operating activities 144,567 (37,627)

Cash flows from investing activities Payments for investments – (95,600) Proceeds from investments 100,001 – Net cash inflow/(outflow) from investing activities 100,001 (95,600)

Net increase/(decrease) in cash and cash equivalents held 244,568 (133,227)

Cash and cash equivalents at the beginning of the financial year 134,588 267,815 Cash and cash equivalents at the end of the financial year 3 379,156 134,588

Notes to the Financial Statements

For the year ended 30 June 2018

Note 1: Summary of Significant Accounting Policies The Solicitor’s Fidelity Fund (the Fund) of the Australian Capital Accounting Standards (Reduced Disclosure Requirements Territory is a statutory body incorporated in the Australian Capital of the Australian Accounting Standards Board), including Territory under the Legal Profession Act 2006 . The financial Australian Accounting Interpretations, and other authoritative statements cover the Fund as an individual not-for-profit entity . pronouncements of the Australian Accounting Standards Board, Its registered office and principal place of business is 1 Farrell and the requirements of the Legal Profession Act 2006 . Place, Canberra City ACT 2601 . A number of new or revised Australian Accounting Standards are effective for the first time in the current financial year . These Basis of Preparation standards have had no material impact on the entity . Reporting Basis and Conventions The financial statements have been prepared on an accruals basis The financial statements are general purpose financial statements and are based on historical costs modified by the revaluation of that have been prepared in accordance with Australian

FS/38 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

selected non-current assets, and financial assets and financial Held-to-maturity investments liabilities for which the fair value basis of accounting has been These investments have fixed maturities, and it is the intention applied . The functional and presentation currency of the Fund to hold these investments to maturity . Any held-to-maturity is Australian dollars . The amounts presented in the financial investments held are stated at amortised cost using the effective statements have been rounded to the nearest dollar . interest rate method .

The following is a summary of the material accounting policies Available-for-sale financial assets adopted in the preparation of the financial statements . The Available-for-sale financial assets include any financial assets not accounting policies have been consistently applied, unless included in the above categories . Available-for-sale financial assets otherwise stated . are reflected at fair value . Unrealised gains and losses arising from changes in fair value are recognised in other comprehensive Accounting Policies income and accumulated in the investment revaluation reserve . (a) Income Tax Financial liabilities The entity is exempt from income tax under relevant provisions of Financial liabilities are recognised at amortised cost, comprising the Income Tax Assessment Act 1997 . original debt less principal payments and amortisation .

(b) Cash and Cash Equivalents Impairment Cash and cash equivalents include cash on hand, deposits held At the end of the reporting period, an assessment is made of at call with banks and other short term highly liquid investments whether there is objective evidence that a financial instrument with original maturities of three months or less . has been impaired . In the case of available-for-sale financial instruments, a prolonged decline in the value of the instrument (c) Revenue Recognition is considered to determine whether impairment has arisen . Contributions are recognised in the year to which the Impairment losses are recognised in the profit or loss . contributions relate . (f) Goods and Services Tax (GST) Recovered investigation/management costs are recognised upon Revenues, expenses and assets are recognised net of the the receipt of funds or when they become recoverable if earlier . amount of GST, except where the amount of GST incurred is Interest revenue is recognised on a proportional basis taking into not recoverable from the Australian Taxation Office . In these account the interest rates applicable to the financial assets . circumstances the GST is recognised as part of the cost of acquisition of the asset or as part of an item of the expense . (d) Investments Receivables and payables in the statement of financial position Investments in bank bills and deposits are brought to account at are shown inclusive of the GST . cost and interest income is recognised in the profit or loss when receivable . The investments are classified as non-current assets as Cash flows are presented in the statement of cash flows on a they are held for longer terms and the deposits are expected to gross basis, except for the GST component of investing and be rolled over upon maturity . financing activities, which are disclosed as operating cash flows .

(e) Financial Instruments (g) Comparatives Recognition Where required by Accounting Standards, comparative figures Financial instruments are initially measured at cost on trade date, have been adjusted to conform to changes in presentation for the which includes transaction costs, when the related contractual current financial year . rights or obligations exist . Subsequent to initial recognition these instruments are measured as set out below . Critical Accounting Estimates and Judgements Financial assets at fair value through profit and loss The Councillors evaluate estimates and judgements incorporated A financial asset is classified in this category if acquired principally into the financial statements based on historical knowledge and for the purpose of selling in the short term or if so designated by best available current information . Estimates assume a reasonable management and within the requirements of AASB 139 Financial expectation of future events and are based on current trends and Instruments: Recognition and Measurement . Gains and losses economic data, obtained both externally and within the Fund . arising from changes in the fair value of these assets are included The Councillors do not believe that there were any key estimates in the profit or loss in the period in which they arise . or key judgements used in the development of the financial Loans and receivables statements that give rise to a significant risk of material Loans and receivables are financial assets with fixed or adjustment in the future . determinable payments and are stated at amortised cost using the effective interest rate method .

FS/39 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

2018 2017 $ $ Note 2: Revenue

Interest on investments 137,075 149,950 Contributions from levies 58,957 54,724 Recovery of investigations/management costs 130,637 57,105 Distribution from the Statutory Interest Account 233,400 – 560,069 261,779

Note 3: Cash and Cash Equivalents

Cash at bank 379,156 134,588

Note 4: Investments

Held-to-Maturity Investments* Bank of Queensland – 400,000 Bendigo Bank – 1,800,000 Commonwealth 550,000 – National Australia Bank 502,994 952,995 Westpac 3,850,000 1,850,000 4,902,994 5,002,995

Note 5: Trade and Other Receivables

Trade debtors — The Law Society of the Australian Capital Territory 63,000 57,053 Trade debtors — other 166,380 48,636 Provision for doubtful debts (46,379) – Accrued interest 49,260 84,829 232,261 190,518

* These deposits have maturities of 9 to 12 months from the date of their deposit .

FS/40 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Notes 2018 2017 $ $ Note 6: Trade and Other Payables

Trade creditors and accruals 10,332 63,362 Contributions received in advance 63,000 57,053 73,332 120,415

Note 7: Legislation The Solicitors’ Fidelity Fund of the Australian Capital Territory is maintained by the Law Society of the Australian Capital Territory, a related entity, in accordance with s320 of the Legal Profession Act 2006 . The Fund has no employees .

Note 8: Auditors’ Remuneration

Audit of the Fund’s financial statements 3,025 3,025 Conduct of random inspections 30,840 33,180 33,865 36,205

Note 9: Financial Risk Management The accounting policies and terms and conditions of each class of financial asset and financial liability at the end of the reporting period are consistent with those regularly adopted by businesses in Australia . The Fund is not subject to any significant liquidity or credit risk . Interest rate risk is managed by the Fund reviewing the interest rate profile, current rates and the market outlook and taking actions as necessary to ensure that risk levels are maintained at a satisfactory level . A 1% movement in interest rates on term deposits held at year end would have an annual effect of $49,030 on profit and equity . An actuarial assessment of the Fund was made in August 2017 . It was noted that the level of exposure to risk had increased due to the substantial increase in trust monies held in the ACT by law firms . The recommendation was that the prudential optimal size of the Fund should be between $5 .5m and $6 0m. and the Council of the ACT Law Society is taking steps to increase the balance over the coming years . The totals for each category of financial instrument, measured in accordance with AASB 139 as detailed in the accounting policies to these financial statements, are as follows:

Financial Assets Cash and cash equivalents 3 379,156 134,588 Held-to-maturity investments 4 4,902,994 5,002,995 Loans and receivables 5 232,261 190,518 Total Financial Assets 5,514,411 5,328,101

Financial Liabilities Trade and other payables 6 73,332 120,415 Total Financial Liabilities 73,332 120,415

FS/41 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Net Fair Values Financial assets and liabilities are carried at their net fair value at the end of the reporting period . The carrying values of financial assets and financial liabilities approximate their net fair values due to their short terms of maturity or market interest rates . No financial assets or financial liabilities are traded on organised markets in standard form .

Note 10: Contingent Liabilities and Contingent Assets There are no contingent liabilities or contingent assets at the end of the financial year .

Note 11: Events After The Reporting Period These financial statements were authorised for issue by the Councillors on the date of signing the attached Councillors’ Declaration . The Councillors have the power to amend the financial statements after they are issued . There are no other events after the end of the reporting period which require amendment of, or further disclosure in, the financial statements .

FS/42 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

Councillors’ Declaration

For the year ended 30 June 2018

The Councillors declare that the financial statements and notes set out on pages 36 to 42: (a) comply with Australian Accounting Standards — Reduced Disclosure Requirements and other mandatory professional reporting requirements; and (b) present fairly the Society’s financial position as at 30 June 2018 and its performance, as represented by the results of its operations and its cash flows, for the financial year ended on that date . In the Councillors’ opinion: (a) the financial statements and notes are in accordance with the requirements of the Legal Profession Act 2006; and (b) there are reasonable grounds to believe that the Society will be able to pay its debts as and when they become due and payable . This declaration is made in accordance with a resolution of the Councillors .

______Councillor Councillor 20 August 2018 20 August 2018

FS/43 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/44 ACT LAW SOCIETY ANNUAL REPORT 2017-18 FINANCIAL STATEMENTS

FS/45 THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY A MEMBER OF THE LAW COUNCIL OF AUSTRALIA 02 6274 0300 | [email protected] WWW.ACTLAWSOCIETY.ASN.AU